31 Fla. 147 | Fla. | 1893
T. D. Gibbens, the appellant, as assignee of a mortgage made by J. L. Pickett, the appellee, to A. EL Hudson and L. Bonnell, filed his bill on the 2d of April, 1887, in the Circuit Court of Duval county,
It is asserted in the appellant’s petition of appeal, and reiterated in his briefs, that the ground upon which the court below made the order appealed from was, that the return of service of the subpoena in the cause, ••as made by the deputy sheriff in Ids own name, instead of in the name of his principal, by himself as «deputy, was illegal, and was no evidence that the de
It does not show for the sheriff of what county even', he was acting as deputy; nor is there anything to show that the subpoena ever went into the hands of his principal to be served. ' The return of service is a nullity,, and was no evidence to the court that it had jurisdiction over the person of the defendant alleged to have-been served, and, consequently, no valid decree, either' pro confesso or final, could have been predicated. thereon.
The order appealed from is affirmed.