46 Fla. 467 | Fla. | 1903
(after stating the facts). — The question now for decision is whether the parties named in the rule to show cause violated the supersedeas order in granting the permit to Faison in November last. The bill for the injunction was not based upon any ground applicable only to a permit for the license year ending September 30, 1903, but was predicated upon the result of an alleged election held in 1887 prohibiting the sale of liquors in precinct No. 19. The prayer was not confined to a permit for any particular year, but prayed an injunction against the granting of any permit. The injunction issued forbade the respondents from granting any permit until the further order of the court. It can not be doubted that the bill is framed upon the theory that it would be unlawful to issue a permit to sell liquors in precinct No. 19 so long as the status created by the election of 1887 exists and the prayer seeks to protect this status by enjoining the issuance of any permit. The effect of the supersedeas suspending as it does the effect of the order vacating the injunction is as broad as the injunction and prohibits the granting of a permit to Faison for any license year so long as it remains in force. The order refusing to advance the cause does not modify or change the effect of the supersedeas which still remains in full force, and these conclusions force us to hold the respondents in contempt for violating the supersedeas order. It is insisted, however, that the court upon the motion to advance construed the bill and the temporaiy injunction as involving only a permit for the license year beginning October 1st, 1902, and that if such construction is correct, the respondents did not violate the supersedeas by granting a permit for the subsequent license year. Looking at the order alone we must admit that such a construction is permissible from its language, and we are satisfied from the facts before us that the respondents misapprehended the language used and that they would not have granted the permit' but for such misapprehension. But when the language of the order is considered in connection with all the