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101 Fla. 426

134 So 231

Garrett v. Phillips

Supreme Court of Florida

Decided May 1, 1931

Supreme Court of Florida · decided 1931-05-01

Relies on Peacock v. Feaster · Byrne v. Brown · Cohen v. L'Engle

Good law ✅— No negative treatment on recordhow we know

Decided 1931-05-01

How this case has been cited

Cited by 8 later decisions — most recently September 1961

8 state decisions

301931194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Buford, C.J.

¶1 The appellant filed his bill of complaint to enjoin the prosecution of a common law action then being prosecuted against him by the appellee, which action was for money alleged to be due the plaintiff in the law action for the use of property leased by the plaintiff to the defendant in that action.

¶2 Application was made for temporary injunction which was denied. Thereafter, demurrer to the bill of complaint ,was sustained. From the orders denying temporary injunction and sustaining demurrer appeal was taken.

¶3 It appears from the record before us that the law court was entirely competent to adjudicate the rights between the parties upon proper pleadings and issues being presented in that cause.

¶4 As has been said by this Court, ‘ ‘ It is an universal rule that equity will not enjoin legal proceedings where the law court is competent to adjudicate upon proper pleas in the legal action the matters presented to the court of equity as a ground for injunction.” Cohen vs. L’Engle, et al., 29 Fla. 579, 11 Sou. 47; Peacock et al. vs. Feaster, et al., 52 Fla. 565, 42 Sou. 889; Byrne vs. Brown, 40 Fla. 109, 23 Sou. 877.

¶5 It appears that the orders of the chancellor were without error and should be affirmed. It is so ordered.

¶6 Affirmed,

Whitfield, Ellis and Brown, J.J., concur. Terrell and Davis, J.J., dissent.
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