Clearwater Mercantile Co. v. Roberts, Johnson, Rand Shoe Co.
Supreme Court of Florida
This case was decided by Division A. Writ of Error to the Circuit Court for Hillsborough County. The facts in the case are stated in the opinion of the-Court.
1Opinion of the CourtCockrell, J.
This writ of error is prosecuted to review the denial of a motion to vacate a personal judgment against a domestic corporation consequent upon a default for want of appearance, the service having been made ^pursuant to section 1024 of the Revised Statutes. It is admitted that the provisions of the section were complied with strictly but it is insisted that the said section i® unconstitutional, in that it authorizes a personal judgment without personal service and therefore does not constitute due process of law.^------Ss, , .
[The statute originally enacted in 1853, Chapter 539, sec. 1, and…
2Cases cited3 opinions
- Bernhardt v. BrownSupreme Court of North Carolina · 1896
- Continental National Bank of Boston v. ThurberNew York Supreme Court · 1893
- Town of Hinckley v. Kettle River RailroadSupreme Court of Minnesota · 1897
3Cited by14 opinions
- Piggly-Wiggly Georgia Co. v. May Investing Corp.Supreme Court of Georgia · 1939
- Mabee v. McDonaldTexas Supreme Court · 1915
- Dade Erection Serv. v. Sims Crane Serv.District Court of Appeal of Florida · 1980
- COUNTRY CLUBS, ETC v. Zaun Equipment, Inc.District Court of Appeal of Florida · 1977
- Fowler v. ChillingworthSupreme Court of Florida · 1927
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