Loring v. Wittich
Supreme Court of Florida
Writ of error to the Circuit Court for Escambia county. The defendant in error, Wittich, who was plaintiff in the court below, claimed to have sold goods amounting to $1,761.35 to the schooner William Fisher, of which John Loring and others were owners, and Loring was master.
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Writ of error to the Circuit Court for Escambia county. The defendant in error, Wittich, who was plaintiff in the court below, claimed to have sold goods amounting to $1,761.35 to the schooner William Fisher, of which John Loring and others were owners, and Loring was master. The bills not being paid, said plaintiff in the court below, on the 14th day of December, 1876, commenced suit in assumpsit by filing his prceeipe for a summons ad respondendum against John A. Loring and eight other persons, describing them as partners under name of Schooner William Fisher. Whereupon a writ of summons ad…
1Opinion of the Court
The Chief-Justice
delivered the opinion of the court.
The plaintiff in error, who was the defendant below, seeks-to reverse the judgment upon three several grounds:
1. That the court erred in denying the motion to set aside-the default and the judgment entered thereon.
The suit was commenced by praecipe and summons, and *621an attachment was issued on the same day against Loring and several others who were described as partners.
-The defendant Loring was served with the summons, and the other defendants being non-residents were not served, but all the defendants appeared specially, and moved to quash…
2Cases cited1 opinion
- Post v. WrightNew York Supreme Court · 1803
3Cited by6 opinions
- Russ v. GilbertSupreme Court of Florida · 1882
- Benedict v. W. T. Hadlow Co.Supreme Court of Florida · 1906
- Mantle v. CaseyMontana Supreme Court · 1904
- Hamer v. PennellCourt of Appeals for the Fifth Circuit · 1936
- Avon Manufacturing Co. v. J. G. HerringSupreme Court of Florida · 1927
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