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Greene v. Alexander Film Co.

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eBook details

  • Title: Greene v. Alexander Film Co.
  • Author : Supreme Court of Florida
  • Release Date : January 19, 1953
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

The appellee filed a complaint in the circuit court against the appellant. A summons was issued by the clerk and later returned showing that it had been exhibited to the defendant, and that a copy of it together with a true copy of the complaint had been delivered to him. The defendant ignored this notice that he was being sued and subsequently a default and final judgment were entered against him. We are advised of no irregularity in the proceedings and certainly none appears on the face of the record. The present attack is made on the ground that the summons executed by a deputy constable in the name of the constable of the district could have had no validity because the act creating the office of deputy constable was not properly enacted. In other words, the appellant claims that the court acquired no jurisdiction to enter a judgment based on service made by the holder of an office created by Chapter 24,270, Laws of Florida, Acts of 1947, which provided for the appointment of deputy constables in any county having a population of not less than 112,400 and not more than 125,000.


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