Clements Naval Stores Co. v. J. S. Betts Co.

This is a proceeding* upon an affidavit of illegality of an execution under the statute (Sec. 2828, Rev. Gen. Stats, of Fla.). The decisive question is one of fact. The allegations of the affidavit are traversed by the plaintiff in execution. Upon a hearing the court sustained the traverse of the affidavit and entered judgment on the bond. To review this judgment writ of error was taken.

The question involved is whether service of summons ad respondendum was made upon the defendant in the suit. On the one hand it is denied that service was made, but on the other it was affirmed that service…