Trust Co. of Fla. v. Crider, (1931)
Court: Supreme Court of Florida
Number:
Visitors: 17
Judges: BUFORD, C.J. —
Attorneys: Mitchell D. Price and Redfearn Ferrell, for Appellants;
Rosenhouse Rosenhouse, for Appellees.
Filed: Jul. 28, 1931
Latest Update: Mar. 02, 2020
Summary: This is an appeal from the order of the chancellor granting a mandatory injunction without notice on a bill of complaint verified upon information and belief in which insolvency of the defendants was not alleged and which mandatory injunction required: "1. That the defendants, and each of them, and their officers, agents and servants, jointly and severally, are hereby ordered and directed to forthwith pay into the registry of this Court the sum of $21,545.01 derived from the sale of the Marshall
Summary: This is an appeal from the order of the chancellor granting a mandatory injunction without notice on a bill of complaint verified upon information and belief in which insolvency of the defendants was not alleged and which mandatory injunction required: "1. That the defendants, and each of them, and their officers, agents and servants, jointly and severally, are hereby ordered and directed to forthwith pay into the registry of this Court the sum of $21,545.01 derived from the sale of the Marshall ..
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If the order has otherwise been justifiable, I do not think the alleged multifariousness of the bill would have rendered it erroneous. That question could have been later raised in due time and manner. But I concur in the holding that the allegations of the bill in this case did not by a sufficient predicate for the granting of the mandatory injunction and also I concur in the reversal of the order appealed from, for the reasons stated in the opinion.
ELLIS, J., concurs.
Source: CourtListener
