Putnam Lumber Co. v. Ellis-Young Co.

Citations

• 50 Fla. 251

Syllabus

<p>1. A failure to state in the sheriff’s return as to the service of a writ, that the defendant foreign corporation was doing business in this State, or that its president on whom the service was attempted to be made resided in the State or that he was then in the State on the business of the corporation, is not ground for quashing the return.</p> <p>2. A sheriff’s return on a writ directed to the E.-Y. Company, a corporation, that service was made on the president of “the within named defendant corporation, to-wit: the K. and Y. Company,” is sufficient as to the name of the corporation.</p> <p>3s When the sheriffs’ return is sufficient on its face and it* truthfulness is admitted, matters, dehors the return must be raised by plea.</p> <p>4. The rulings of the Circuit Court on motions to strike pleas on fundamental grounds are reviewable.</p> <p>5. Under a practice permitting the defendant to plead as many matters of law or fact as he may deem necessary to his defense and allowing contradictory pleas, it is not permitted to plead to the jurisdiction of the courts of this State over the person of the defendant and at the same time to plead to the merits.</p> <p>6. A plea to the merits filed by the defendant simultaneously with a plea as to jurisdiction over the person waives the latter plea, irrespective of ¡the order in which they are numbered.</p>