Godwin v. Phifer
Supreme Court of Florida
This case was decided by Division A. Appeal from the Circuit Court for Alachua County. STATEMENT. On the 25th day of September, 1905, the appellees filed their bill in chancery in the Circuit Court in and for Alachua county against the appellants, alleging therein, in substance, that on the 23rd day of May, 1904, H. L. Phifer and J. A. Phifer, two of the appellees, and J. W. Phifer, since deceased, made and entered into a certain contract with J. J. Godwin, since deceased, a…
Read the full summary
This case was decided by Division A. Appeal from the Circuit Court for Alachua County. STATEMENT. On the 25th day of September, 1905, the appellees filed their bill in chancery in the Circuit Court in and for Alachua county against the appellants, alleging therein, in substance, that on the 23rd day of May, 1904, H. L. Phifer and J. A. Phifer, two of the appellees, and J. W. Phifer, since deceased, made and entered into a certain contract with J. J. Godwin, since deceased, a copy of which contract is attached to the bill as an exhibit and made a part thereof, and which is as follows : This…
1Opinion of the CourtShackleford, C. J.
(after stating the facts.) It is the settled law in this court that it is incumbent upon a complainant to allege in his bill every fact, clearly and definitely, that is necessary to entitle him to relief; and if he omits essential facts therefrom, or state such facts therein as show that he is not entitled to relief in a court of equity, he must suffer the consequences of his so doing. Durham v. Edwards, 50 Fla. 495, 38 South. Rep. 926, and authorities cited therein. This principle applies to all bills in equity, but is especially applicable to bills seeking an injunction, the rule being that…
2Cases cited48 opinions
- Sauls v. FreemanSupreme Court of Florida · 1888
- Wiggins & Johnson v. WilliamsSupreme Court of Florida · 1895
- Carter v. BennettSupreme Court of Florida · 1855
- Parken v. SaffordSupreme Court of Florida · 1904
- Brown v. SolarySupreme Court of Florida · 1896
43 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Atlantic Coast Line Railroad v. BeazleySupreme Court of Florida · 1907
- Masser v. the London Operating Co.Supreme Court of Florida · 1932
- Taylor v. Florida East Coast Railway Co.Supreme Court of Florida · 1907
- Thursby v. StewartSupreme Court of Florida · 1931
- Hancock v. HancockSupreme Court of Florida · 1908
56 more not listed; retrieve them via the Exa API.