Drew Lumber Co. v. Walter

Citations

• 45 Fla. 252

Syllabus

<p>1. The provision in section 1019 of the Revised Statutes that service of process upon a corporation may he made hy serving the writ upon certain of its officers or agents, in the absence of certain other designated representatives, is mandatory in its character, and, in order to bind a eorpoiation hy such service, the return of the officer serving the process must affirmatively show the absence from the county where the suit was instituted of all officers of a superior class designated in the statute as those upon whom service shall be had, before resort Is had to service upon one of an inferior class.</p> <p>2. The absence of all members of a superior class Is a condition precedent to the validity of service upon a member of an inferior class.</p> <p>3. A judgment rendered against a defendant corporation upon such defective service, said corporation never having voluntarily appeared so as to give the court jurisdiction. But having entered a special appearance for the purpose of moving to quash the service, must be reversed.</p> <p>4. The prosecution of a writ of error from such a judgment operates, however, as a ¿general appearance wlnyl the cause is remanded to the court below.</p>