Legal Opinion · Dissent

Strickland v. Knight

Supreme Court of Florida

Decided January 15, 1904Published

This case was decided by the court En Banc. Appealed from the Circuit Court for Hillsborough county. The facts in the case ^ire stated in the opifiion of the court.

1Dissent

Hocker, J.,

dissenting. — I can not concur in the opinion of the majority of the court in this case sustaining the decree below holding that there is no equity in the bill. In 1 Spelling on Injunctions and other Extraordinary Remedies, sec. 609, p. 504, it is said: “The general rule governing the jurisdiction in equity against public officers' is that equity will interpose in behalf of individuals to restrain all illegal and unauthorized acts by them under color and claim of official authority which tend to impair public rights or will result in irreparable or serious injury to private…

2Cases cited12 opinions

  1. Union Pacific Railroad v. HallSupreme Court of the United States · 1876
  2. Mayor of Baltimore v. GillCourt of Appeals of Maryland · 1869
  3. Board of Commissioners v. MarkleIndiana Supreme Court · 1874
  4. Craft v. Com'rs Jackson Co.Supreme Court of Kansas · 1870
  5. Hamilton v. WhitridgeCourt of Appeals of Maryland · 1857

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