Viser v. Willard

Citations

• 60 Fla. 395

Syllabus

<p>1. In a suit in equity, where no replication to the answer is filed but the parties proceed as though the case was at issue, such omission will be deemed to have been waived.</p> <p>2. The granting and continuing of restraining orders or temporary injunctions rests largely within the sound judicial discretion of the trial court, to be governed by the circumstances of the case, and an appellate court will not interfere with the exercise of this judicial discretion, unless an abuse thereof is clearly made to appear.</p> <p>3. In cases where there is a plain, adequate and complete remedy at law, a resort to a court of chancery is unnecessary and improper.</p> <p>4. While the findings and conclusions of a chancellor, where the testimony is not taken before him but before a master or examiner, by reason whereof he is not afforded an opportunity of seeing and hearing the witness, are not entitled to the same weight as the verdict of a jury, yet even in that case they should not be disturbed by an appellate court, unless they are clearly shown to be erroneous.</p> <p>5. In equity, as well as at law, every presumption is in favor of the correctness of the rulings of the trial judge, and a final decree rendered by him based largely or solely upon questions of fact will not be reversed, unless the evidence clearly shows it to be erroneous.</p>