Pyles v. Beall

Citations

• 37 Fla. 549

Syllabus

<p>:1. Writs of scire facias ad audiendum errores must be served on defendants in error resident in this State as other writs are served.-</p> <p>3. When the defendant in error has a usual place of abode in the State, service of the scire facias may be had on him by leaving a copy of the writ at such abode with some person of the family above fifteen years of age and informing such person of tlie contents thereof. In such case service of the writ upon the attorney in the court below of the defendant in error alone will amount to no service at all.</p> <p>3. Where there has been a total failure to serve the scire facias. twenty-five days before the return day of the writ of error, under the practice established by this court for many years’ standing, the writ of error fails and will be dismissed.</p> <p>4. Papers required to be served under the rules of this court are not intended to take the place of statutory writs essential to confer jurisdiction of the person of the defendant, and the mere-acknowledgment of service of a copy of such papers does not of itself amount to a voluntary appearance in this court.</p>