Savage v. Parker

Citations

• 53 Fla. 1002

Syllabus

<p>1. It is not commendable practice for one of the solicitors of record in a suit in chancery, especially where an injunction is sought, to have the affidavits of his client or of other parties to be used in the cause sworn to before himself as an official empowered to administer oaths.</p> <p>2, When an application is made to the court for a temporary injunction or restraining order, without notice to the defendant, the allegations in the bill should be even more carefully scanned and considered than when the defendant has been served with notice and has the opportunity of resisting the application; Before granting a temporary injunction or restraining order, without notice, the court should be satisfied that' a clear case is made by the bill therefor, and also that it has been clearly made to appear that it is a case of urgent necessity and one in which irreparable mischief will be produced if the aid of the court is denied.</p> <p>3. An affidavit to or an allegation in a bill for an injunction asserting simply the legal conclusion that notice to the defendant of the application for injunction will accelerate the injury apprehended, or will defeat the objects of applying for the .same, is not a sufficient excuse, and furnishes no reason for dispensing with notice. To justify the granting of an injunction ex parte and without notifce the allegations of the sworn bill or accompanying affidavit must state facts showing how and why the giving of notice will accelerate or precipitate the injury complained of, from which the court can determine for itself whether the giving of notice will, or is likely to, so result, and such facts must make it manifest to the court that the giving of notice of the application will, or is likely to, have such result.</p> <p>4. The writ of injunction is an extraordinary, not an ordinary, every-day writ, and it should never be granted lightly, but cautiously and sparingly, and notice should always be required to be given in accordance wi