Epstein & Bro. v. M. Ferst & Co.

Citations

• 35 Fla. 498

Syllabus

<p>1. A decree of a court of chancery stating that the same is without prejudice to a party is, to such party, the same as uo decree, and will not support a plea of res adjudicate, and the same matters in issue in the original suit can be again heard and determined.</p> <p>2. A plaintiff on November 2d, 1885, filed a declaration with common counts, but no bill of particulars. No preecipe had been filed or process issued in the case, the declaration being the first paper filed. Together with such declaration was a paper swhich, after stating venue and title of the cause, was in the ’following form: ’‘And now comes Farley E. Sweat, defendant in this cause, and waiving process of summons, or other notice, .and says that he acknowledges that he is indebted to the plain.tiff, (naming him) ‘‘in the sum of five hundred and twenty-three 09-100 dollars, with interest at seven per centum per annum from the first day of October, A. D. 1885, as alleged in the declaration that he consents that the plaintiff have judgment for said sum, to be entered on the first Monday in November, A. D. 1885.</p> <p>-October 31sfc, 1885. F. E. Sweat.</p> <p>The clerk upon this paper, without proof of the execution of ¿the same, or appearance of the defendant, entered a judgment ;for the amount named in the paper: Held, That such judgment was without authority of law, and whs void.</p> <p>3. Clerks of the Circuit Court in this State have no authority to enter judgments upon such a confession as is set forth in the preceding head-note, made without service of process, when no suit is pending, uo appearance of defendant, .and there is no proof of the execution of the confession of judgment.</p> <p>4. Parties having void judgments are not judgment creditors so that they can attack fraudulent conveyances made by their debtors.</p>