THE DOWLING CO., A CORPORATION, AND WILL TOWNSEND, APPELLANTS,
v.
JESSE HIRES, APPELLEE
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The Florida Supreme Court reversed a lower court's injunction, finding it improperly covered land the complainant had not possessed for the statutory period. The case was remanded for an injunction decree limited to the properly possessed lands.
Yes, the injunction decree was erroneous because it covered land not possessed for the statutory period. The decree should be modified to apply only to lands possessed for the statutory period.
“there is error in the said decree in that the injunction covers land that the complainant had not been in actual possession of for the statutory period”
Establishes the basis for the court's reversal.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe complainant, Jesse Hires, sought an injunction. The lower court granted an injunction that included land the complainant had not possessed for the…
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Per Curiam.
This cause having heretofore been submitted to the Court upon the transcript of the record of the decree herein, ‘and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is error in the said decree in that the injunction covers land that the complainant had not been in actual possession of for the statutory period, it is, therefore, considered ordered and decreed that the said decree is reversed and the cause is'remanded with directions to enter an appropriate injunction decree covering the lands of which the complainant had been in actual possession for the statutory period at the time the suit was instituted.
It is so ordered.
Terrell, C. J., and Whiteield, Ellis, Brown and Bueord, J. J., concur.
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Savilla Miles Roberts v. Powell, 137 Fla. 159 (Fla. 1939)…ndants, and I will ask one of you gentlemen to sign this verdict as foreman: ‘We, the jury, find the defendants not guilty, so say we all.’” The law controlling the case at bar is well expressed in the case of Atlantic Coast Line R. Co. v. Watkins, 97 Fla. 250, 121 So. 95, when this Court said: “When damage is done to a person by a railroad company by the running of its locomotives, or cars, or other machinery or when the damage is done by any person in the employ and. service of such company the company…