Pyles v. Beall

Citations

• 37 Fla. 557

Syllabus

<p>1. On motion to reinstate the writ of error in this cause it appeared that great diligence was used in trying to secure service of thescire facias ad audiendum errores on the defendant in error in person, and, failing in this, the officer, by direction, delivered a copy of the writ to defendant’s attorney of record in the court below; that defendant in error was a resident of this-State and had a permanent place of abode in the county where the writ issued and where service could have been perfected by leaving a copy of the writ with a person of the family over fifteen years of age. Held, That the motion should not be granted.</p> <p>2. The statute does not require that the writ shall in every case be served by leaving a copy with a member of defendant’s family, but the direction is that he may be served by leaving a copy at his usual place of abode with some person of the family above fifteen years of age, and informing such person of the contents thereof.</p>