Cornwell v. Williford

Citations

• 73 Fla. 305

Syllabus

<p>1. Allegations of fact which are well pleaded and not those which amount to mere conclusions of law are admitted by a demurrer.</p> <p>2. In a bill for the removal of a cloud upon complainant’s title to real estate, where he undertakes to set out his title, but does it defectively, the defects thus appearing in the bill are not cured by general allegations of ownership.</p> <p>3. In a case at law commenced by attachment against a defendant residing out of the State, the Clerk of the Court in which the suit is pending is not authorized, upon default entered against defendant for not appearing, to render final judgment against the defendant in vacation, even though the defendant was personally served out of the State with notici? of the institution of the suit against him.'</p> <p>4. The Clerk of the Circuit Court is empowered to enter judgments upon default for want of appearance, demurrer or plea only in such cases in which the court has obtained jurisdiction of the person of the defendant.</p> <p>5. In a case commenced by attachment in which the defendant • resides out of the State, personal service upon the defendant of notice of the attachment, under the provisions of Section 2122 of the General Statutes of Florida, 1906, does not give the court jurisdiction of the person of the defendant.</p> <p>6. A judgment rendered by the Clerk of the Circuit Court in vacation against a defendant of whom the court has not acquired personal jurisdiction in an action commenced by attachment is void,'and a sheriff’s deed to the lands attached and afterwards levied upon and sold under an execution issued upon such judgment is void, and will be set aside as a cloud upon the title of the person holding the legal title to such lands.</p>