FLORIDA EAST COAST RAILWAY COMPANY, A CORPORATION, APPELLANT,
v.
CITY OF MIAMI, A MUNICIPAL CORPORATION, AND W. B. MOORE, AS CITY CLERK OF THE CITY OF MIAMI, APPELLEES
FLORIDA EAST COAST RAILWAY COMPANY, A CORPORATION, APPELLANT,
CITY OF MIAMI, A MUNICIPAL CORPORATION, AND W. B. MOORE, AS CITY CLERK OF THE CITY OF MIAMI, APPELLEES
80 Fla. 329
Florida Supreme Court (1920)
Positive Treatment
Cited by 16 cases
Opinion of the Court
Per Curiam.
Proceedings brought to enjoin the enforcement of special assessments for a storm sewer were dismissed on demurrer. As the allegations of the bill of complaint are a sufficient basis for evidence upon the fundamental question of whether complainant’s specified property is or could be at all benefited by the construction of the storm sewer, the bill is not without equity and should not have been dismissed on demurrer. Reversed for further proceedings.
Taylor, Whitfield, Ellis and West,-J. J.,'concur.-
Browne, C. J., not .participating.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Peterson v. Oscar Daniels Co., 83 Fla. 29 (Fla. 1922)…e- destroy each other, and as the declaration does not wholly fail to state a cause of action,- the demurrer should have been overruled. See Catts v. Henderson, 81 Fla. 138, 87 South. Rep. 313; Florida East [*30] Coast Ry. Co. v. City of Miami, Fla. 80 Fla. 329, 86 South. Rep. 308. Admiralty is not involved. 254 U. S. 242. Reversed. All concur.…
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Boone v. Gay, 84 Fla. 589 (Fla. 1922)…predicate for substantial relief if sustained by appropriate and sufficient evidence, the demurrer to the whole bill should have been overruled. Wells v. Williams, 80 Fla. 498, 86 South. [*590] Rep. 336; Florida East Coast Ry. Co. v. City of Miami, 80 Fla. 329, 86 South. Rep. 208. See also Wertz v. Tampa Electric Co., 78 Fla. 405, 83 South. Rep. 270; Peterson v. Oscar Daniels Co., 83 Fla. 29, 90 South. Rep. 621; Catts v. Henderson, 81 Fla. 138, 87 South. Rep. 313; Jaudon v. Fidelity Bank & Trust Co., 81 F…
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A.L. Reinschmidt v. The Louisville & Nashville R.R. Co., 90 Fla. 334 (Fla. 1925)…say that under the allegations of the bill an equity for substantial relief may be shown by appropriate and sufficient evidence; therefore the demurrer to the bill of complaint should have been overruled. Florida East Coast R. Co. v. City of Miami, 80 Fla. 329, 86 So. 208; Wells v. Williams, 80 Fla. 498, 86 So. 336. The order appealed from is reversed. Reversed. Ellis and Terrell, J. J., concur. Whitfield, P. J., and Strum, J., concur, in the opinion, Brown, J., not participating.…
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