State Ex Rel. Schenley Distributors v. Civil Court of Record

On application to this Court by petition for a writ of prohibition to be directed against the Judge of the Civil Court of Record of Duval County, Florida, the question as to the proper practice is presented for settling matters dehors the record in a return of the Sheriff on a summons ad respondendum in a common law action. The Judge of the Civil Court of Record of Duval County held that such matters should be raised by plea, while counsel for relator contends that a special and limited appearance and motion to quash the purported service and return, with supporting affidavits in substantial…