Florida Central & Peninsular Railroad v. Luffman

Citations

• 45 Fla. 282

Syllabus

<p>1. The prevision in section 1019 oí the Revised Statutes that service of process upon a corporation may be made by serving the writ upon certain of its agents in the absence of other designated representatives is to be construed, when the contrary intent is not clearly expressed, as meaning in the absence of such representatives from the County where the suit was instituted and such service sought, and i; need not be shown that they were absent from the State.</p> <p>2. A writ oí scire facias to revive a judgment obtained by one since deceased, was sued out by one claiming an interest in the judgment by assignment from the assignee of the original judgment creditor. A plea denying the assignment of this interest to the plaintiff in the revivor proceedings interposes a good defense to his right to revive, and shoula be sustained on demurrer.</p> <p>3. Papers marked filed in evidence by the clerk of the court below, and copied into the transcript of the record filed in this court, but not incorporated into a bill of exceptions, are no part of the record of the case, and should be ■ stricken from the transcript.</p> <p>4. A case submitted in this court upon abstract of the record to which no exception has been filed must be determined upon the abstracts alone.</p>