SOLOMON COHEN, APPELLANT,
v.
E. M. L'ENGLE AND W. A. DELL, PARTNERS, AS STATE BANK OF FLORIDA, APPELLEES
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The Florida Supreme Court affirmed the denial of an injunction, finding that the legal action already pursued by the appellant provided the same relief sought in the equity case. The court's decision in a related law appeal resolved the issues in this chancery appeal.
Yes, the denial of the injunction was proper because the appellant could obtain the same relief sought in the equity case through his plea of payment in the law action.
“The injunction being denied, the complainant took Ms appeal to this court from the order of denial.”
Establishes the procedural posture of the case being appealed.
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Join FLexlaw to unlock all legal intelligenceThe appellant sought an injunction to stop a lawsuit filed by the appellees to recover on five promissory notes endorsed by the appellant. The appella…
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Taylor, J.:
The bill in equity in this cause was filed by the appellant praying an injunction to restrain the appellees from proceeding with a suit at law instituted by them against the appellant in the court below to recover upon five promissory notes made by M.
A. Dzialynski to the appellees and endorsed by the appellant. The injunction being denied, the complainant took Ms appeal to this court from the order of denial. In the common law action the appellant, as defendant therein, interposed a plea of payment, and also a plea upon equitable grounds, in which, substantially the same allegations were made, and the same relief was contended for as is sought by this bill. The common law-action being tried, and resulting in a verdict and judgment against the appellant, he also appealed therefrom to this court. We have recently at the present term passed upon the appeal in the common law action, and have decided that under his plea of payment in that suit the appellant can get the same relief sought by his plea upon equitable grounds therein ; which decis ion in th.e law appeal substantially disposes of all questions involved in this chancery appeal. The order appealed from herein, denying the injunction, is, therefore, affirmed.
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Blanche Pepple v. Rogers, 104 Fla. 462 (Fla. 1932)…It is true that equity will not enjoin legal proceedings where the law court is competent to adjudicate upon proper pleas the matters presented to the court of equity as a ground for injunction. Garrett v. Phillips, 134 So. 231; Cohen v. State Bank, 29 Fla. 579, 11 So. 47. It is also true that under our statutes equitable pleas may be interposed in actions at law; but only negative defenses can be thus interposed, and no affirmative relief can be thus obtained. Smith v. Love, 49 Fla. 230, 238, 38 So. 376,…
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Peacock v. Feaster, 52 Fla. 565 (Fla. 1906)…ther admissible matter that might have been offered for either purpose. The admission by the pleadings of material facts 'does not constitute an exception to the rule. Sauls v. Freeman, 24 Fla. 209, 4 South. Rep. 525; Cohen v. State Bank of Florida, 29 Fla. 579, 11 South. Rep. 47; Byrne v. Brown, 40 Fla. 109, 23 South. Rep. 877; Dibble v. Truluck, 12 Fla. 185; Gamble v. Campbell, 6 Fla. 347; Thornton v. Campbell’s Exr., 6 Fla. 546. Applying these well settled principles to the case made by the bill herein…
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Byrne v. Brown, 40 Fla. 109 (Fla. 1898)…. 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 v. L’Engle, 29 Fla. 579, 11 South. Rep. 47. See, also, same case 24 Fla. 542, 5 South. Rep. 235; Atkinson v. Allen, 17 C. C. A. 570, 71 Fed. Rep. 58; County of Cook v. City of Chicago, 158 Ill. 524, 42 N. E. Rep. 67. This principle applies to actions of ejectment as well a…
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