Grady v. Electric Bond and Share Co., (1939)
Court: Supreme Court of Florida
Number:
Visitors: 15
Judges: PER CURIAM.
Attorneys: Redfearn Ferrell, for Plaintiff;
Carson Petteway, W. Raleigh Petteway, Lewis W. Petteway, for Defendants.
Filed: Apr. 25, 1939
Latest Update: Mar. 02, 2020
Summary: Upon suggestion filed a Rule nisi in Prohibition was issued and the defendants have moved to quash the rule. The Electric Bond and Share Company, a corporation, and others plaintiffs in this Prohibition proceeding, seek to have the Circuit Court prohibited from proceeding further in a stated cause of action, in which the plaintiffs here are defendants, upon the ground that the service of process upon Electric Bond and Share Company, a corporation, one of the defendants in said action, as shown b
Summary: Upon suggestion filed a Rule nisi in Prohibition was issued and the defendants have moved to quash the rule. The Electric Bond and Share Company, a corporation, and others plaintiffs in this Prohibition proceeding, seek to have the Circuit Court prohibited from proceeding further in a stated cause of action, in which the plaintiffs here are defendants, upon the ground that the service of process upon Electric Bond and Share Company, a corporation, one of the defendants in said action, as shown by..
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Upon further consideration of this matter, on petition for rehearing, I think rehearing should be granted because, (1) It nowhere appears in the Sheriff's return (nor in the summons adres.) that the defendant is a foreign corporation; and (2) the return must show that the requirements of the statute have been followed, otherwise the court is not informed whether the party is before it. The ordinary presumption that an officer has done his duty does not arise where the particular acts constituting the service are required to be set forth as in the statutes here involved. A presumption of this sort cannot cure the omission of a vital jurisdictional fact. Standley v. Arnow, 13 Fla. 361; 14-A, C.J. 809, Sec. 2917.
Source: CourtListener
