Legal Opinion

Thebaut v. Canova

Supreme Court of Florida

Decided July 1, 1867PublishedCited by 30 opinions

This case teas decided at Tallahassee. Appeal from Suwannee Circuit Court. A statement of the case is contained in the opinion of the Court. The record presents the following facts: 1st. That this whole proceeding, up to the time of serving the paper called an injunction on Thebaut by the Sheriff of Duval, was ex parte, secretly done, without subpoena, notice or bond given. 2d.

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This case teas decided at Tallahassee. Appeal from Suwannee Circuit Court. A statement of the case is contained in the opinion of the Court. The record presents the following facts: 1st. That this whole proceeding, up to the time of serving the paper called an injunction on Thebaut by the Sheriff of Duval, was ex parte, secretly done, without subpoena, notice or bond given. 2d. There was neither notice of injunction nor service of subpoena, or any pretence of service, until the service of the injunction June 4th, 1866. 3d. The bill is marked, filed in Duval, though no subpoena served. The…

1Opinion of the Court

DOUGLAS, J..

delivered the opinion of the Court,.In this case a bill was filed in the Circuit Court for Duval county, praying an injunction might issue t'o restrain the defendants from erecting a steam mill within the corporate limits of the City of Jacksonville.

The complainants allege in their bill, “ That if the defendants are permitted to go on and erect and complete said steam mill, and occupy the same, the injury to complainants -and their families respectively, as well as to their property, will be irreparable, and will inevitably obstruct the free use of their property, so as…

2Cited by30 opinions

  1. Godwin v. PhiferSupreme Court of Florida · 1906
  2. State ex rel. West v. ButlerSupreme Court of Florida · 1915
  3. Dunn v. City of AustinTexas Supreme Court · 1889
  4. State ex rel. Anaconda Copper Mining Co. v. ClancyMontana Supreme Court · 1904
  5. State v. IrwinWest Virginia Supreme Court · 1887

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