Mann v. Jennings
Supreme Court of Florida
Appeal from the Circuit Court for Hernando county. The facts of the case are stated iu the opinion of the court. Judge John E. White, of the Third Judicial Circuit, sat in the place of Mr. Justice Mitchell, disqualified.
1Opinion of the Court
Maxwell, J.:
There was ex parte foreclosure of a mortgage given by appellant, a decree pro confesso having been regularly taken on the rule day in June, 1888, for want of plea, answer or demurrer, this being the rule day succeeding that for appearance under due service of the subpoena. The final decree was rendered June 26th, 1888. The court thereby appointed a “ Commissioner ” to sell the mortgaged property, which he did, and up to the sale, considerably more than the twenty days which the rule (45) allows a defendant to move to set aside a decree so obtained, no objection had been made to…
2Cases cited1 opinion
- Stribling v. HartSupreme Court of Florida · 1883
3Cited by11 opinions
- Camp Phosphate Co. v. AndersonSupreme Court of Florida · 1904
- Wiggins & Johnson v. WilliamsSupreme Court of Florida · 1895
- Hollywood, Inc. v. ClarkSupreme Court of Florida · 1943
- Markey v. StateSupreme Court of Florida · 1904
- Ray v. TriceSupreme Court of Florida · 1904
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