Day v. Hurchman

Citations

• 65 Fla. 186
• 61 So. 445

Syllabus

<p>1. Where the court is legally organized and has jurisdiction of the subject-matter and the adversary parties are given an opportunity to be heard by the actual or constructive service on them of notice of the litigation as required by law, any errors or irregularities or even wrong doing in the proceedings short of an illegal deprivation of an opportunity to be heard will not render the judgment void.</p> <p>2. Where a party has been regularly served with process in a cause, and neglects to appear and defend the suit, but suffers judgment to be taken by default, and he has not been prevent' ed from making a defense by fraud or accident unmixed with negligence on his part, a court of equity will not afford him any relief against the judgment.</p> <p>3. Where an infant defendant in a suit is duly served with process and is represented in the progress of the cause by a guardian duly appointed for that purpose, effective fraud or illegality in the decree rendered against the infant should be made to appear in a bill of complaint filed to impeach such decree.</p> <p>4. It is not error to disregard an amended bill of complaint filed without leave of court.</p>