51 Fla. 441 | Fla. | 1906
(after stating the facts.) It is the settled law in this court that it is incumbent upon a complainant to allege in his bill every fact, clearly and definitely, that is necessary to entitle him to relief; and if he omits essential facts therefrom, or state such facts therein as show that he is not entitled to relief in a court of equity, he must suffer the consequences of his so doing. Durham v. Edwards, 50 Fla. 495, 38 South. Rep. 926, and authorities cited therein. This principle applies to all bills in equity, but is especially applicable to bills seeking an injunction, the rule being that the title or interest of the complainant and the facts upon which he predicates his prayer for such relief must be stated positively, with clearness and certainty. 'In other words, the bill must state facts and not opinions or legal conclusions. There must be something more than the opinion of the complainant, however solemnly affirmed, to authorize the interposition of the court by injunction. Thebaut v. Canova, 11 Fla. 143, text 167; P. & G. & A. & G. C. R. R. Co., v. Spratt, 12 Fla. 26, text 100, S. C. 91 Am. Dec. 747 ; Garnett v. J. St. A. & H. R. R. R. Co., 20 Fla. 889, text 901; Shivery & Streeper, 24 Fla. 103, 3 South. Rep. 865; State v. Black River P. Co., 27 Fla. 276, text 326, 9 South. Rep. 205; Louisville & Nashville R. R. Co. v. Gibson, 43 Fla. 315, 31 South. Rep. 230. This is required for two
It is further true, that a court of equity cannot grant relief when the complainant’s own showing in his bill demonstrates a want of equity in his prayer, and that where there is no equity in the bill the application for an injunction should be refused. Wordehoff v. Evers, 18 Fla. 339; Sauls v. Freeman, 24 Fla. 209, 4 South. Rep. 525, S. C. 12 Am. St. Rep. 190; McKinney v. County Commissioners of Bradford Co., 26 Fla. 267, 4 South. Rep. 855; Town of Orange City v. Thayer, 45 Fla. 502, 34 South. Rep. 573.
The insolvency of the debtor is never a sufficient reason of itself for the exercise of the extraordinary power of the court by way of injunction. There must be some other equitable ground combined with insolvency. P. & G. & A. & G. C. R. R. C. v. Spratt, 12 Fla. 26. This principle has been directly applied to bills seeking to enjoin trespasses on timbered lands under section 1469 of the Revised Statutes of 1892. See Carney v. Hadley, 32 Fla. 344, 14 South. Rep. 4, S. C. 37 Am. St. Rep. 101, 22 L. R. A. 233; Doke v. Peek, 45 Fla. 244, 34 South. Rep. 896. In addition to the above cited cases, see Reddick v. Meffert, 32 Fla. 409, 13 South. Rep. 894; Woodford v. Alexander, 35
Even if the illegality of the acts alleged in the bill in the instant case, which were sought to be enjoined, were clearly apparent, in the absence of allegations showing-some distinct ground of equity jurisdiction, an injunction should not have been granted. Strickland v. Knight, 47 Fla. 327, text 330, 36 South. Rep. 363, test 364.
It should also be borne in mind that where there are contradictory or inconsistent allegations in a bill, its equity will be tested by the weaker, rather than by the stronger, allegations. Durham v. Edwards, 50 Fla. 495 38 South. Rep. 926; Barco v. Doyle, 50 Fla. 488, 39 South. Rep. 103.
Of course, if the injury apprehended has already been consummated, an injunction should not be granted, as the object of an injunction is to preserve and keep things in the same state or condition, and to restrain an act which if done would be contrary to equity and good ocnscience, but. it cannot be applied correctively. P. & G. and A. & G. C. R. R. Co. v. Spratt, 12 Fla. 26, S. C. 91 Am. Dec. 747; Smith v. Davis, 22 Fla. 406; McKinney v. County Commissioners of Bradford County, 26 Fla. 267, 4 South. Rep. 855; Tampa Gas Co. v. City of Tampa, 44 Fla. 813, 33 South. Rep. 465.
Testing the bill in the instant case by the principles enunciated, what do Ave find? It seeks the cancellation of the contract made by the Phifers to J. J. Godwin, deceased, for the sale of certain timber, which contract Ave
It will be observed that the bill does not allege that Maultsby and Mathews purchased the timber contract
The ground upon which the cancellation of the contract is sought is the failure of Godwin or Ms estate to pay the balance of the purchase price, as stipulated therein. This of itself does not furnish sufficient ground for cancellation. See Harrington v. Rutherford, 38 Fla. 321, 21 South. Rep. 283. Equity abhors forfeitures and penalties. 16 Cyc. 75. It is contended by the appellees that the contract is but a mere license, but this contention cannot be sustained and we do not deem it necessary even to discuss it, as a bare inspection of the contract shows the contrary.
We have also seen that insolvency alone furnishes no ground for the interposition of a court of equity, but it must be coupled with some other equitable ground connected therewith. It will also be observed that the insolvency of the Godwin estate is not alleged positively and directly in the bill, but only upon information and belief, and the sources of the information with accompanying affidavits are not furnished. It is not even inti
. It should be borne in mind that 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 with Equity Rule 46, unless the provisions therein for dispensing with notice have been strictly followed. Like the writ of habeas corpus, the writ of injunction is a highly beneficial writ, but great care should be exercised in awarding it, lest it be turned into an instrument of oppression and injury. See State v. Vesquez, 49 Fla. 126, 38 South. Rep. 830.
It necessarily follows from what has been said that the court also erred in refusing to dissolve the injunction upon the coming in of the answers and the motion made thereon. As was said in Wordehoff v. Evers, 18 Fla. 339, text 340, “There can be no.question that if the bill contained no grounds for equitable relief, the injunction should have been refused in the first instance. This being the case, the court should seek the earliest opportunity to right itself. As a question of mere practice, it is provided by statute that in all cases, the court may on motion and
We recognize the principle so frequently enunciated by this court that, even where all the equities of the bill are denied by the answer, it is not a matter of course to dissolve the injunction, both the granting and continuing of injunctions resting largely in the sound judicial discretion of the court, to be governed by the circumstances of the case. Allen v. Hawley, 6 Fla. 142, S. C. 63 Am. Dec. 198; Carter v. Bennett, 6 Fla. 214; Linton v. Denham, 6 Fla. 533; City of Apalachicola v. The Apalachicola Land Co., 9 Fla 340, S C 79 Am. Dec. 340; Thebaut v. Canova, 11 Fla. 143; P. & G. and A. & G. C. R. R. Co. v. Spratt, 21 Fla. 26, S. C. 91 Am. Dec. 747; Scarlett v. Hicks, 13 Fla. 314; Sullivan v. Moreno, 19 Fla. 200; Randall v. Jacksonville Street R. R. Co., 19 Fla. 409; Hayden v. Thrasher, 20 Fla. 715; Garnett v. J. St. A. & H. R. R. Co., 20 Fla. 889; McKinnie v. Dickenson, 24 Fla. 366, 5 South. Rep. 34; Fuller v. Cason, 26 Fla. 476, 7 South. Rep. 870; Indian R. Steamboat Co. v. East Coast Trans. Co., 28 Fla. 387, 10 South. Rep. 480, S. C. 29 Am. St. Rep. 258; Campbell v. White, 39 Fla. 745, 23 South. Rep. 555; Baya v. Town of Lake City, 44 Fla. 491, 33 South. Rep. 400; Richardson v. Kittlewell, 45 Fla. 551, 33 South. Rep. 984; Baird v. Ellsworth Trust Co., 45 Fla. 187, 34 South. Rep.
While this is true, if it is plainly apparent that the bill is without equity, an injunction should not be granted in the first instance but if granted should be dissolved at the earliest opportunity by the court and the bill ordered dismissed. Sauls v. Freeman, 24 Fla. 209, 4 South. Rep. 525, S. C. 12 Am. St. Rep. 190. The fact that the bill states no cause for equitable relief distinguishes the instant case from Baya v. Town of Lake City, supra, Richardson v. Kittlewell, supra, and Baird v. Ellsworth Trust Co., supra.
We are forced to the conclusion that there was an abuse of judicial discretion both in issuing and retaining the injunction in force.
The case was set down for a hearing upon the bill and answers by the appellees, no replication having been filed and no testimony taken, yet a decree was rendered in favor of the appellees. This was manifestly erroneous. When the case is heard on bill and answers all the averments of the answer are to be taken as true. Garrison v. Parsons, 45 Fla. 335, 33 South. Rep. 525; City of Orlando v. Giles, decided here at the present term. Moreover, the answer contained the usual genera denial found in answers in chancery, and contained no admission of the insolvency of the Godwin estate, therefore it was incumbent upon the appellees to prove that fact as well as the matters denied in the answers. Doke v. Peek, 45 Fla. 244, 34 South. Rep. 896; Parken v. Safford, 48 Fla. 290, 37 South. Rep. 567.