Houstoun v. Bradford & Ross

Mabry, C. J.:

Defendants in error, as partners, obtained a judgment on the 10th of April, 1890, in the Circuit Court’ of Leon county, against R. M. Whitehead, deceased, the intestate of plaintiff in error, and an execution-was issued on the judgment in September following. In October, 1890, Whitehead, in his life-time, made an affidavit that the execution issued illegally,, on the ground that the summons was never served upon him as required by law, in this, that the summons was left with Mrs. Margaret Whitehead in Leon, county, Florida, on the 20th day of February, 1890, and that affiant’s…