Smith v. Wilson

Citations

• 71 Fla. 624
• 71 So. 919

Syllabus

<p>1. Section 1425 of the General Statutes of 1906 providing for the entry of final judgment upon default requires a strict conformity to its terms on the part of the clerk of the court who in entering the final judgment acts merely in a ministerial capacity.</p> <p>2. The entry by the clerk of a final judgment upon default should recite the proofs of the claim that were produced and filed; that he ascertained from such proofs the amount found to be due, which should be followed by language signifying the entry of a judgment for the amount so assessed or ascertained.</p> <p>3. In an action of ejectment a sheriff’s deed based upon a ’judgment void upon its face is inadmissible as a muniment of title.</p>