Engelke & Feiner Milling Co. v. Grunthal
Supreme Court of Florida
'This case was decided by Division'A. Writ of error to the Circuit Court for Duval county. brief for plaintiff in error. In the Supreme Court of the State of Florida. The Engelke & Eeiner Milling Company (Corporation), Plaintiff in Error, v. Isidor Grunthal, Defendant in Error. Statement.
Read the full summary
'This case was decided by Division'A. Writ of error to the Circuit Court for Duval county. brief for plaintiff in error. In the Supreme Court of the State of Florida. The Engelke & Eeiner Milling Company (Corporation), Plaintiff in Error, v. Isidor Grunthal, Defendant in Error. Statement. This is an action of trespass brought by Isidor Grunthal in the Circuit Court of Duval county, against The Engelke & Feiner Milling Company, a corporation under the laws of the State of Missouri. The declaration contained one count, and alleged that the defendant with force and arms took and carried away…
1Opinion of the CourtHocker, J.
(after stating the facts). — The first assignment .of error is “the court erred in denying defendant’s motion to quash the writ of summons and set aside the service herein filed March 1st, 1897.” In the case of The *423Silver Springs, Ocala & Gulf Railroad Company v. Van Ness, decided at the January term of the present year, this court held that “a defect in the service or sheriff’s return constitutes no ground for quashing the writ or abating the suit.” The implication is that the motion should be addressed to the service, and seek to quash or abate it, and not the writ. Applying the ruling in…
2Cases cited5 opinions
- Columbia Mill Co. v. National Bank of CommerceSupreme Court of Minnesota · 1893
- Marqueze v. SontheimerMississippi Supreme Court · 1882
- Montgomery v. WilsonSupreme Court of Vermont · 1876
- Anderson v. LandWashington Supreme Court · 1893
- Stephenson v. FlaggNebraska Supreme Court · 1894
3Cited by6 opinions
- City of Key West v. BaldwinSupreme Court of Florida · 1915
- Lane v. BallOregon Supreme Court · 1916
- Putnam Lumber Co. v. Ellis-Young Co.Supreme Court of Florida · 1905
- Ritter v. Miami Marine Agency, Inc.District Court of Appeal of Florida · 1961
- Shelfer v. American Agricultural Chemical Co.Supreme Court of Florida · 1933
1 more not listed; retrieve them via the Exa API.