Laflin ex rel. Laflin v. Gato

Citations

• 52 Fla. 529

Syllabus

<p>1. An order for constructive service by publication fixing the appearance day fifty-two days from the date of the order is void under a statute prescribing that the date to be fixed should be not less than thirty nor more than fifty days.</p> <p>2. In constructive service by publication the certificate of the clerk should, show the posting of a copy of the order at the door of the court house.</p> <p>3. The answer of a guardian ad litem will not operate as an appearance for the infant, when the guardian was ap-' pointed before service by publication upon the infant had. been perfected.</p> <p>4. It is a serious irregularity to render a decree of foreclosure against one who acquires title after the filing of the bill, who is brought into the proceedings only by an interlineation in the introductory part of the bill, with no statement as to his interest nor any prayers as against him, even though he may file a formal answer. The decree being reversed as to another appellant, it will also> be reversed as to him.</p>