Shaw v. Palmer

• Decision Date: 29 October 1907
• Parties: SHAW et al. v. PALMER et al.
• Court: Florida Supreme Court

44 So. 953

54 Fla. 490

SHAW et al. v. PALMER et al.

Florida Supreme Court, Division A.

Oct 29, 1907

Appeal from Circuit Court, Madison County; Bascom H. Palmer, Judge.

Bill by J. D. Shaw and others against J. J. Palmer and others. Decree for defendants, and plaintiffs appeal. Affirmed.

Syllabus by the Court

SYLLABUS

Where the answer denies the equities of the bill of complaint, or where the bill and accompanying evidence are fully met by the answer and its accompanying evidence, an order dissolving an injunction previously issued will not ordinarily be disturbed.

Wide judicial discretion rests in the court in the granting denying, dissolving, or modifying injunctions, and, where the evidence taken by the court in person is sufficient to warrant the action of the court, the appellate court will not interfere where no abuse of discretion appears.

COUNSEL Hardee & Rowe and Charles E. Davis, for appellants.

T. L Clarke and C. B. Ashley, for appellees.

OPINION

WHITFIELD J.

On March 11, 1907, the appellants, by virtue of the provisions of section 1919 of the General Statutes of 1906, procured in the circuit court for Madison county a temporary injunction restraining the appellees collectively or individually either for themselves or for others, and either in person or by servants or agents, from dipping or removing turpentine from the boxes in the trees on certain described land in Madison county, Florida, being the S. 1/2 of S.E. 1/4 and N 1/2 of S.W. 1/4, 24-1-8 N. and E., the acts of trespass being alleged to have been done 'without any valid right title, or interest in the said lands.' The court at the same time made an order that defendants show cause why the injunction should not be continued until the further order of the court. In their answer under oath, the oath not being waived, the appellees as defendants admit that they are working the timber on the land for turpentine purposes, and 'aver that they did what is complained of by the complainants' leave, and under an oral license given by complainants for a full and valuable consideration'; aver that in January, 1906, for their mutual convenience, the complainants and the firm of J. J. & R. H. Palmer entered into an oral agreement whereby the complainants were to cut, box, and work for turpentine, for the period of three years from cutting, the pine timber upon certain lands on which J. J. & R. H. Palmer owned turpentine privileges and turpentine leases in timber, which lands are adjacent to complainants' stills, and the defendants J. J. Palmer and R. H. Palmer were to cut, box, and work for the same time an equal number of boxes in the timber owned or controlled by complainants and situated adjacent to or near the location of defendants' stills; that in and by said agreement it was expressly stipulated and agreed that defendant J. J. Palmer and R. H. Palmer should box and work for turpentine the timber growing on the lands described in the bill of complaint; that under the oral agreement complainants entered upon and cut and boxed for turpentine the timber on the above-mentioned land the turpentine privileges upon which were owned as aforesaid by J. J. Palmer and R. H. Palmer, and cut and worked during the last season and are still working the turpentine boxes on the said lands to the number of 7,930 as reported to defendants by complainants; that against the consent of the defendants, and in violation of the spirit of the agreement aforesaid, complainants during the past year boxed and worked a large quantity of timber controlled by complainants situated near and most conveniently to the defendants' location, and thereby deprived defendants of the right and privilege of working said timber in exchange for the timber of the defendants boxed and worked as aforesaid by the complainants; that, by leave of complainants under the oral agreement and license aforesaid, the defendants about December 15, 1906, commenced to box for turpentine the timber on the lands described in the bill of complaint, and continued said boxing and finished the boxing thereon about the middle of January, 1907, cutting thereon boxes to the number of 5,073, and that defendants entered upon said lands and cut the said boxes and dipped the turpentine therefrom in a peaceable and open manner while complainants'...