Bateman v. Florida Commercial Co.

• Decision Date: 14 August 1890
• Citation: 26 Fla. 423,8 So. 51
• Parties: BATEMAN v. FLORIDA COMMERCIAL CO.
• Court: Florida Supreme Court

8 So. 51

26 Fla. 423

BATEMAN v. FLORIDA COMMERCIAL CO.

Florida Supreme Court

August 14, 1890

Appeal from circuit court, De Soto county; S. A. HANSON, Judge.

Syllabus by the Court

SYLLABUS

The question as to whether or not a town is legally incorporated cannot be raised by bill for injunction, the remedy being by quo warranto.

COUNSEL O. T. Stanford, for appellant.

Isaac H. Trabue, for appellee.

OPINION

MITCHELL J.

This case comes here upon appeal from De Soto county.

The complainant, Florida Commercial Company, filed its bill in the circuit court against the appellant defendant below, and the bill, in substance, alleges that certain parties got together on the 3d day of December, 1887 in a billiard room at Punta Gorda, and pretended to organize and incorporate a town called 'Punta Gorda,' and that the complainant company owned a large quantity of real estate within the limits of the town so pretended to be incorporated; that said corporation had levied a tax of 1 per cent. on complainant's property inside of the limits of said town, for the year 188, and that the collector of said town, W. W. Bateman, defendant in this suit, has advertised complainant's said property for sale for the sum of $918.55, and that said collector threatens to sell said land and that, if the said collector is not restrained from selling said land for said taxes, he will sell them, which will place a cloud upon the title of said lands, thereby injuring them in their value, and will prevent said land from being sold, greatly to the complainant's injury; that the incorporation of said town is and was contrary to law, in bad faith, fraudulent, against public policy, and that all the acts of the council of said town are illegal, of no effect oppressive, against equity and good conscience, and, there being no remedy at law, the complainant applies for relief, etc. The prayer of the bill is for an order enjoining the defendant from selling the complainant's said property for the taxes thereon for the year 1888.

A temporary injunction was granted April 4, 1889.

The bill was demurred to--First, that the complainant has not, under the allegations of the bill, pursued his proper remedy; second, that a court of equity has not jurisdiction of the complainant's bill. The demurrer was overruled, and from the order overruling the demurrer, the case was appealed to this court.

The order of the court overruling the ...