Archibald McCallum & Son v. Culpepper & Dupont

Citations

• 41 Fla. 107

Syllabus

<p>1. Prior to the act of 1897, Chapter 4529, writs of scvre facias on writs of error were served on defendants in error resident in this State as other writs. By section 1017.- Rev. Stats., original process sued out against several persons composing, a mercantile or other firm, and served on any one member of said firm is made as valid as if served on each individual member thereof; but in order to have this effect on members of the firm not served, the service must be personally made on some other member. This statute should be strictly construed, and should not be expanded beyond its provisions.</p> <p>2. Service of scire facias on one .member of a mercantile firm in whose favor a joint judgment in interest has been rendered, by leaving a copy at his usual place of abode with a member of his family above the age of fifteen years, will not amount to service of the process on another member of the firm.</p> <p>3. A joint judgment in interest against two or more persons cannot be reviewed by the appellate court unless all the persons against whom the judgment is rendered are properly brought before the court.</p>