Barwick v. Rouse

Citations

• 53 Fla. 643

Syllabus

<p>1. Service of process “by delivering a true copy on Mrs. M. B., wife of the within named J. M. B.,” does not satisfy the statutory provision of “leaving such copy at his usual place of abode with some person of the family above fifteen years of age, and informing such person of the contents thereof.”</p> <p>2. The statutory provision as to service of process that when some other person than the party be served such person shall be “informed of the contents” of the writ, should be given effect.</p> <p>3. Where the sheriff’s return is fatally defective and no attempt is made to correct that return, a default and final judgment thereon will be reversed.</p> <p>4. The prosecution of a writ of error operates as an appearance and further process is unnecessary.</p>