Stewart v. Thursby

• Decision Date: 25 August 1931
• Citation: 103 Fla. 1201,137 So. 7
• Parties: STEWART v. THURSBY et al. THURSBY et al. v. STEWART.
• Court: Florida Supreme Court

137 So. 7

103 Fla. 1201

STEWART v. THURSBY et al.

THURSBY et al. v. STEWART.

Florida Supreme Court

August 25, 1931

Suit by Isaac A. Stewart against Ben D. Thursby and others. From an interlocutory order granting a temporary injunction defendants appeal, and, from an order dissolving the injunction, complainant appeals.

Order in accordance with opinion. Appeal from Circuit Court, Volusia County; M. G. Rowe, Judge.

COUNSEL

Tom B Stewart and Stewart & Stewart, all of DeLand, for appellants.

Hull Lands & Whitehair, of DeLand, and Gardiner & Gardiner, of Daytona Beach, for appellees.

OPINION

Whereas the appellants N. B. Thursby, W. C. Jackson, Bedford Jones T. K. Apgar, and Davis Forster individually and as constituting the board of county commissioners of Volusia county, Fla., et al., on the 18th day of August, A. D. 1931 entered an appeal from an interlocutory order made on the 13th day of August, A. D. 1931, by the honorable Paul C Albritton, judge, granting a temporary injunction; and whereas Isaac A. Stewart entered his appeal on the 22d day of August, A. D. 1931, from that certain order made by the honorable Daniel A. Simmons, judge, on the 21st day of August, A. D. 1931, dissolving the injunction theretofore granted by the said Albritton, judge, it is now ordered by the Supreme Court that the said two appeals be, and the same are hereby, consolidated.

This cause coming on to be heard upon application of the appellant Isaac A. Stewart for an order of supersedeas as to the order entered by Hon. Daniel A. Simmons, judge, and the court having considered said motion and heard the argument of counsel for the respective parties in this behalf, it is ordered and adjudged that said supersedeas be denied.

It appears, however, that to preserve the present status of funds and obligations involved in the cause it is expedient for this court, in the exercise of its jurisdiction under section 5, article 5, of the Constitution, to issue its order to the defendants in the court below.

It is therefore now ordered and adjudged that until the 15th day of October, A. D. 1931, the defendants in the court below, Ben D. Thursby, W. C. Jackson, Bedford Jones, T. K. Apgar, and Davis Forster, individually and as constituting the board of county commissioners of Volusia county, Fla., and Sam'l D. Jordan, as clerk of the circuit court for Volusia county Fla., and ex officio clerk of the board of county commissioners of Volusia county, Fla., be, and they are hereby, restrained from paying any money or issuing any warrants against the public...