Guaranty Trust & Safe Deposit Co. v. Buddington, Wilson & Co.

Citations

• 27 Fla. 215

Syllabus

<p>1. The term “months,” when used in a statute of this state, means calendar months and not limar month, unless there is something in the statute which indicates that a contrary meaning was intended.</p> <p>2. The terms “months,” as used in the act of November 27, 1828, section 8, page 154, McClellan’s Digest, providing for the publication of orders in chancery causes for absent defendants to apxiear and plead, and for decrees pro oonfesso in default thereof means calendar months.</p> <p>3. Jurisdiction is not acquired of a non-resident defendant by publishing for a period of four lunar months, but of less than four calendar months, where the statute (section 8, page 154, McClellan’s Digest) requires the publication to be made for four months, and there is nothing in it showing that lunar months were intended; and decrees rendered upon such publication of an order to appear and plead are of no effect as to such defendant.</p>