Myakka Co. v. Edwards

Citations

• 68 Fla. 372

Syllabus

<p>1. The publication provisions of Chapter 4129, Acts of 1893, authorizing constructive service of initial process in chancery, have reference to the appearance day stated in the act, and not to rule days on which defaults for failure to plead or demur may be entered under the statute and chancery rules.</p> <p>2. Under Chapter 4129, Acts of 1893,. authorizing constructive service by publication of initial process to acquire jurisdiction of a non-resident defendant in a chancery case, where the first publication is less .than four weeks or twenty-eight days prior to the appearance day fixed in the order of publication, the requirement that such publication shall be “once each week, for four consecutive weeks,” is not complied with, and jurisdiction of the person is not acquired.</p> <p>3. Where jurisdiction of a defendant has not been acquired, a decree rendered against him in the cause is not binding upon him.</p>