Stringfellow v. Ajax-Grieb Rubber Co.

Citations

• 67 Fla. 317
• 64 So. 947

Syllabus

<p>1. Where a writ of error is duly taken to a final judgment entered by tbe clerk consequent upon a default entered by the clerk, any material errors in the proceedings that reasonably could do injustice to the plaintiff in error may be cause for reversing the judgment.</p> <p>2. Where service of summons ad res is had upon only one of two defendants, and the praecipe for default asks for a default “against the defendant,” it is material error for the clerk to enter a default against the “defendant,” without stating which one.</p> <p>3. Where service of summons ad res is had upon two defendants, and the praecipe for default asks for a default “against the defendant,” it is material error for the clerk to enter a default against the “defendants.”</p>