Moore v. Spanish River Land Co., (1935)
Court: Supreme Court of Florida
Number:
Visitors: 17
Judges: BUFORD, J. —
Attorneys: Giles J. Patterson and Williamson Cain, for Appellant.
Gedney, Johnston Lilienthal, William L. Ranson (New York City) and Metcalf Finch, for Appellees.
Filed: Feb. 28, 1935
Latest Update: Mar. 02, 2020
Summary: A taxpayer filed bill of complaint against the Town of Boca Raton, and certain other named defendants, seeking to enjoin the Town of Boca Raton, its officers and agents, from attempting to raise by taxation moneys wherewith to pay certain lien certificates described in the bill of complaint, and from paying or attempting to pay any moneys of the town on account of interest of any of the lien certificates and to restrain the holders of such lien certificates named in the bill of complaint from in
Summary: A taxpayer filed bill of complaint against the Town of Boca Raton, and certain other named defendants, seeking to enjoin the Town of Boca Raton, its officers and agents, from attempting to raise by taxation moneys wherewith to pay certain lien certificates described in the bill of complaint, and from paying or attempting to pay any moneys of the town on account of interest of any of the lien certificates and to restrain the holders of such lien certificates named in the bill of complaint from ins..
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I think that the allegations in the bill for cancellation and injunction filed by the Town of Boca Raton which cause was subsequently consolidated with the cause brought by the taxpayer made out a case for equitable relief which would have enabled the court to dispose of the whole controversy. The facts of the case are unusual. I agree with the majority that the decree appealed from was justified in the respects pointed out, indeed I think the decree was correct, except insofar as it did not grant injunctive relief to restrain appellant Moore from prosecuting any action at law against the town.
Source: CourtListener
