L. Maxcy, Inc. v. Mayo

Buford J.

(dissenting). — This case is before us to review an order dismissing bill of complaint the purpose of which was to procure a decree enjoining the Commissioner of Agriculture of the State of Florida from destroying certain citrus fruit, to-wit: 101 boxes of tangerines, which had been seized by the Commissioner because of the alleged content of arsenic, and to enjoin' the Commissioner of Agriculture from seizing and destroying other fruit which the Commissioner of Agriculture had threatened to seize and destroy.

The pertinent allegations of the bill are:

“2. That for several years…