State Plant Board v. Roberts

Citations

• 71 Fla. 663
• 72 So. 175

Syllabus

<p>1. Where a bill in equity is filed by several complainants, alleg- . jng that they are nurserymen and fruit-growers severally owning distinct parcels of land which are described upon which are situated nurseries and fruit groves, and that the complainants’ “interests are identical,” against the State Plant Board, a body corporate, certain named individuals as members of and constituting such board, and certain 'other named individuals “as members of and constituting an advisory committee acting in charge of the State Plant Board,” seeking to compel the State Plant Board and its agents and representatives to modify certain rules and regulations which have been adopted “so as to eradicate and expunge” a certain rule designated “Rule 5,” a copy of which is attached as an exhibit to the bill, such bill is clearly multifarious both as to the parties complainant and the parties defendant, and a demurrer interposed thereto upon such ground is properly sustained.</p> <p>2. Where a bill in equity is filed by several complainants, alleging that they are nurserymen and fruit-growers, against the State Plant Board, a body corporate, the individual members thereof and certain other named individuals “constituting an advisory committee acting in charge of” such board, seeking to have the court require such board “to eradicate and expunge” a certain designated rule which had been adopted by such board, and it appears from the allegations of the bill that the State Plant Board was created a body corporate by Chapters 6885 and 6886 of the Laws of Florida (Acts of 1915, pages 194 and 201 of Vol. 1), and the constitutionality of such chapters is not questioned, and that Section 6 of Chapter 6885 expressly provides that “The Board shall, from time to lime, make rules and regulations for carrying out the provisions and requirements of this Act,” etc., a court of equity would not be warranted in granting the relief prayed, the complainants’ own showing demonstrating a want of equity i