Lente v. Clarke
Supreme Court of Florida
Appeal from the Circuit Court for Hernando county. Appellant filed his bill against the appellee in the Circuit Court for Hernando county, in chancery, August 22, 1885. Subpoena issued same day, returnable September 7, 1885, and was returned by the sheriff as having been served on August 25, 1885. On September 7 a decree pro confesso was entered against the defendant, in the Clerk’s office, for want of appearance; on September 24 defendant, appearing specially, entered a…
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Appeal from the Circuit Court for Hernando county. Appellant filed his bill against the appellee in the Circuit Court for Hernando county, in chancery, August 22, 1885. Subpoena issued same day, returnable September 7, 1885, and was returned by the sheriff as having been served on August 25, 1885. On September 7 a decree pro confesso was entered against the defendant, in the Clerk’s office, for want of appearance; on September 24 defendant, appearing specially, entered a motion to set aside the service of subpoena and to vacate the decree fro confesso ; on October 8 the Circuit Judge, upon…
1Opinion of the CourtJustice Raney
I. It will be observed that the return of the Sheriff, as it appears in the record, conforms to the amendments directed by the Judge, as indicated by the bill of exceptions, and consequently the only conclusion to be drawn, if we are to consider the bill of exceptions, is, that the Sheriff amended the return, as it originally stood, so as to make it comply with the ruling of the Judge. Such a bill of exceptions is neither a necessary nor a proper chancery proceeding. Ignoring the so-called bill of exceptions, we must conclude either that the return, as it now appears upon *518the copy of the…
2Cases cited13 opinions
- Harkness v. HydeSupreme Court of the United States · 1879
- Hurley v. BrownMassachusetts Supreme Judicial Court · 1868
- Mead v. ParkerMassachusetts Supreme Judicial Court · 1874
- Quinnin v. ReimersMichigan Supreme Court · 1881
- Colerick v. HooperIndiana Supreme Court · 1852
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3Cited by31 opinions
- Allen v. KitchenIdaho Supreme Court · 1909
- Webster Lumber Co. v. LincolnSupreme Court of Florida · 1927
- Howard v. AdkinsIndiana Supreme Court · 1906
- Black & Snyder v. Crowther & AndrianoMissouri Court of Appeals · 1898
- Zimmerman v. DiedrichSupreme Court of Florida · 1957
26 more not listed; retrieve them via the Exa API.