Western Union Telegraph Co. v. Hiscock

In the praecipe for summons ad res'. filed herein, J. D. Hiscock was the sole plaintiff. The summons issued on the praecipe was the only summons attempted to be served on the defendant corporation. The return is fatally defective in that it shows service on the “manager” of the defendant without showing the ab*481sence of superior officers. Drew Lumber Co. v. Walter, 45 Fla. 252, 34 South. Rep. 244.

Under the statute regulating- the service of summons on private corporations, where the return shows service upon a mere agent of the defendant company, without showing the absence of all the officers…