Smith v. Housing Auth. of the City of Daytona Beach

There are deficiencies in the bill of complaint and procedure in the equity court which render the challenged decree fatally effective. The allegations of the pleading on the sole matter involved are so inconsistent with our former decisions on the subject, which we will cite presently, as to make that pleading amenable to attack upon the ground that it was wholly without equity.

The record of the chancery court is quite brief and its very brevity seems to emphasive its insufficiency. There were filed on the same day, May 19, 1941, a bill of complaint, a notice, and an injunction which was…