McLane v. Piaggio Bros.
Supreme Court of Florida
Appeal from the Circuit Court for Leon county. Judge Broome, of the Seventh Circuit, sat in place of the Chief-Justice, disqualified.
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Appeal from the Circuit Court for Leon county. Judge Broome, of the Seventh Circuit, sat in place of the Chief-Justice, disqualified. The appellees filed their bill in the Circuit Court of Washington county against the appellants on April 30th, 1884, to foreclose a mortgage, made by them to secure two promissory notes made by said Jesse N. McLane, bearing date January 6th, 1883, each for the sum of $2,250-, with interest at the rate of ten per cent, per annum from- date, and payable to the order of Piaggio Brothers, one on the first day of September, 1883, and the other September 1st, 1884.…
1Opinion of the CourtJustice Raney
I. The service of the subpoena on Mrs. McLane by delivering the copy for her to her husband in the manner stated in the return of the sheriff, was legal service. To hold that' it was not so would be to construe the statute as not authorizing service on her by delivering the copy to any one of the requisite age residing in her family, unless she was the head of the family. We do not think such a construction right; and there is nothing in the relation of husband and wife to exclude the former as one to whom such delivery can be made for the latter.
II. The particular defect in the bill as to…
2Cases cited16 opinions
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