Klinger v. Milton Holding Co.

On Rehearing.

Brown, J.

— There is one sentence in our original opinion which, upon further consideration on reheiring, we now deem to be erroneous. It reads as follows:

“We hold that the affidavit upon which the order of publication was made is defective, fails to comply with the statute and is insufficient in law to confer jurisdiction.”

The affidavit upon which the order of publication in this case was predicated is copied in the opinion, and it sets forth that, in the belief of affiant, the defendant Klinger, and certain other named defendants, “are non residents of the State of Florida, and…