Legal Opinion

Phillips v. Howell

Supreme Court of Florida

Decided March 23, 1921PublishedCited by 4 opinions

An Appeal from the Circuit Court for Duval County; Daniel A. Simmons, Judge.

1Opinion of the CourtEllis, J.

This is an appeal from an order vacating and setting aside a “final decree and decree pro confesso” and allowing the defendant further time to answer the bill of complaint.

A decree pro confesso• was made by the Chancellor 'at *381Chambers on the 10th day of December, 1918. • It was therein recited that constructive service had been made upon the defendant because he conceals himself so that personal service cannot be made upon him. An order of reference was made to a Master to take the “proof of the allegations of fact set out in the complainant’s bill” and report to the court with his findings.…

2Cases cited6 opinions

  1. County Commissioners v. State ex rel. PattonSupreme Court of Florida · 1888
  2. Willingham v. StateSupreme Court of Florida · 1886
  3. Jacksonville Street Railroad v. WaltonSupreme Court of Florida · 1900
  4. Gasque v. BallSupreme Court of Florida · 1916
  5. Peoples Realty Co. v. Southern Colonization Co.Supreme Court of Florida · 1919

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Sawyer v. GustasonSupreme Court of Florida · 1928
  2. Grimsley v. RosenbergSupreme Court of Florida · 1927
  3. Wildwood Crate & Ice Co. v. Citizens Bank of InvernessSupreme Court of Florida · 1929
  4. Gibbs v. EwingSupreme Court of Florida · 1927

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