45 Fla. 252 | Fla. | 1903
On February (>th, 1897, a summons issued to the plaintiff in error at the instance of defendants in error to answer (hem in an action of trespass, the damages claimed being- $1,000. The sheriff made the following return on (lie summons: “'Received this summons (1th Feby., 1897, and served the same 11th Fcby., 1897, by delivering a true copy thereof to the within named defendant, George L. Drew, General Manager of the Drew Lumber Co.” Plaintiff in error entered a special appearance and filed a motion to quash the service and reiurn of summons on the grounds (1) that service was no! -made as provided and required by law, in that at templed service thereof was made on the treasurer of the' company, but not in the absence of its president, vice-president or other head; (3) that the return did not show valid and sufficient servic<>; and (3) that the return, in so far as if alleged service on the company, was false. The motion was denied, and an, exception "noted by the plaintiff In error. Thereafter a default was entered against, defendant, damages subsequently assessed by a jury on e,v parte evidence at $900, for which judgment; was duly entered.
The first assignment of error, and the only one necessary to be considered, is that the court erred in overruling the motion of Drew Lumber Company to quash the service and return of the writ. . Service upon private corporations is regulated by the provisions of section 1019
This cause being rea (died for final adjudication, was hbretofore referí ed by the court to its commissioners for investigation who reported the same recommending reversal for the reasons stated in the foregoing opinion prepared by Commissioner Glen. Upon duo consideration by Division A of 1.1h> court the said foregoing opinion is hereby adoofed and ordered to be filed as the opinion of the court in said cause, and for the reasons stated in said opinion it is hereby considered, ordered and adjuded that the judgment of the Circuit Court in said cause be, and tin- same is hereby, reversed at the cost of the defendants in error, with directions to permit the plaintiff in error, as defendant below, witliin a reasonable time to be fixed by the Circuit Judge, to file sncli pleadings as it may be advised.