Gilmer v. Bird
Supreme Court of Florida
Appeal from the Circuit Court for J efferson county, Second Judicial District. Joseph Gilmer, the appellant here, the plaintiff in the Circuit Court, sued William C. Bird in the Circuit Court of the Second Judicial Circuit, Jefferson county. The action was under the Code. The summons conformed in all respects to the requirements of the Code, and a copy thereof, with a copy of the complaint, was served upon the defendant.
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Appeal from the Circuit Court for J efferson county, Second Judicial District. Joseph Gilmer, the appellant here, the plaintiff in the Circuit Court, sued William C. Bird in the Circuit Court of the Second Judicial Circuit, Jefferson county. The action was under the Code. The summons conformed in all respects to the requirements of the Code, and a copy thereof, with a copy of the complaint, was served upon the defendant. Upon default of the- defendant a judgment was entered by the clerk against him on the 28th of April, A. D. 1871. On the 12th of December, A. D, 1873, a motion to open this…
1Opinion of the CourtWestcott, J.
"Section 9 of the Declaration of Eights, contained in the 'Constitution of this State, provides that no person shall be deprived of life, liberty or property without due process of law. Section 2 of Article 6 of the Constitution provides that “ the style of all process shall be c The State of Florida.’ ” The term, process, as used in these two sections, has ■not the same signification. In the first it is used in a large ■and comprehensive sense. In the second it is used in its most restricted and limited sense. Says Baron Comyn, “ Process, in a large acceptance, comprehends the whole…
2Cases cited7 opinions
- Langworthy v. MyersSupreme Court of Iowa · 1856
- Tweed v. MetcalfMichigan Supreme Court · 1857
- Rahn v. GunnisonWisconsin Supreme Court · 1860
- Branch v. Littleberry BranchSupreme Court of Florida · 1855
- Ilsley v. HarrisWisconsin Supreme Court · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State ex rel. Andreu v. CanfieldSupreme Court of Florida · 1898
- Scull v. StateSupreme Court of Florida · 1990
- Chisholm v. GilmerSupreme Court of the United States · 1936
- Guarantee Trust & Safe Deposit Co. v. Buddington, Wilson & Co.Supreme Court of Florida · 1887
- Benedict v. W. T. Hadlow Co.Supreme Court of Florida · 1906
11 more not listed; retrieve them via the Exa API.