Stockton v. Harmon

Citations

• 32 Fla. 312

Syllabus

<p>1. Where an appeal is taken from those provisions of a decree which vacate expressly a former order granting an injunction and appointing a receiver, and no appeal is taken from tl e provison of the same decree which dismisses the bill, an order directing that such appeal operate as a supersedeas wiil be set aside and the supersedeas vacated as unauthoi-ized.</p> <p>2. An entry of appeal cannot be amended in the appellate court.</p> <p>.3. The doctrine in State vs. J. P. & M. R. It. Co , 15 Florida Reports, on page 286, as to appointing receivers of railroads, without notice, approved.</p> <p>4. The practice of granting:! restraining order for several days until the motion for an injunction can be heard, without requiring an indemnity bond is contrary to the jiroyisions and policy of our statute (Section 1465, Revised (Statutes).</p> <p>.5. An amendment of a by-law which merely changes the number necessary to constitute a quorum of a board of directors, does not alter another by-law which requires a vote of two-thirds of the directors to suspend or remove an officer of the company.</p> <p>■6. The case made by the bill held to be palpably insufficient to justify the appointment of a receiver, and clearly deficient as authorizing an injunction except as to action alleged to have been taken by three of the directors on the theory that they constituted a quorum or had power to remove officers of the company.</p>