City of Jacksonville v. Massey Business College
Supreme Court of Florida
This case was decided by the court Bn Banc. Appeal from the Circuit Court for Duval county. Statement. On the 1st day of November, 1902, the appellee, The Massey Business College, a corporation, filed its bill in equity against appellant, The City of Jacksonville, a municipal corporation, in the Duval Circuit Court, which said bill, omitting its formal parts, was as follows: “The Massey Business College, a corporation duly organized and existing under the laws of the State…
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This case was decided by the court Bn Banc. Appeal from the Circuit Court for Duval county. Statement. On the 1st day of November, 1902, the appellee, The Massey Business College, a corporation, filed its bill in equity against appellant, The City of Jacksonville, a municipal corporation, in the Duval Circuit Court, which said bill, omitting its formal parts, was as follows: “The Massey Business College, a corporation duly organized and existing under the laws of the State of Elorida, by its solicitor and counsel, files this its bill of complaint against the City of Jacksonville, a municipal…
1Opinion of the CourtShackleford, J.
(after stating the facts).- — Although the point is not expressly presented or argued in this court, an examination of the bill of complaint discloses that it is without equity, complainant having ample remedy at law, all the property mentioned therein being personal property. The case of Baldwin v. Tucker, 16 Fla. 258, is directly in point. Also see Town of Orange City v. Thayer, 15 Fla. 502, 34 South. Rep. 573, and numerous authorities there cited.
The bill having failed to present a case where the relief prayed is authorized and, moreover, being entirely without equity, it is the duty of…
2Cases cited16 opinions
- Sauls v. FreemanSupreme Court of Florida · 1888
- Morgan's Louisiana & T. R. & S. S. Co. v. Railroad CommissionSupreme Court of Louisiana · 1902
- Humphreys v. Atlantic Milling Co.Supreme Court of Missouri · 1889
- Pinney v. PinneySupreme Court of Florida · 1903
- Parker v. DekleSupreme Court of Florida · 1903
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3Cited by17 opinions
- Prall v. PrallSupreme Court of Florida · 1909
- Masser v. the London Operating Co.Supreme Court of Florida · 1932
- North Shore Bank v. Town of SurfsideSupreme Court of Florida · 1954
- Norris Et Ux. v. EikenberrySupreme Court of Florida · 1931
- Micou v. McDonaldSupreme Court of Florida · 1908
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