Johnson v. Johnson

Citations

• 23 Fla. 413

Syllabus

<p>1. A subpcena in chancery was served by a special deputy appointed by the Sheriff, and the return of service was made in the usual form in the name of the Sheriff by such deputy. It was objected that the proof of the service should have been by affidavit: Held, That the return is good, the justices participating in the decision differing in their reasons therefor.</p> <p>2. A decree pro confesso cannot be taken under our equity practice for want of appearance of defendant on the return day of the subpcena, nor until the succeeding rule day, and then for want of plea, demurrer or answer.</p> <p>3. A bill for divorce on the ground of violent and ungovernable tem- . per, must allege something more than the words of the statute, stating facts from which the court can judge whether they constitute a case of the existence of such temper, and it should further allege that the indulgence of such temper was towards the complainant.</p>