C. E. INGALLS & BROTHER, CO-PARTNERS, PLAINTIFFS IN ERROR,
v.
MERCHANTS BROOM COMPANY, A CORPORATION, DEFENDANT IN ERROR
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This case addresses whether a sheriff of one county may serve process issued by a county court of another county within his own county. The Florida Supreme Court held that Section 1401 of the General Statutes permits such service, allowing the Duval County court to obtain jurisdiction over defendants served in Dade County by the Dade County Sheriff.
Section 1401 of the General Statutes permits the service of county court process in a different county by the sheriff of that county. The Circuit Court properly vacated the county court's order quashing the service, and the Duval County court has jurisdiction over the defendants based on the service made by the Dade County Sheriff.
“All writs of process issued upon the institution of a suit which may be begun in a county where the defendant does not reside, and all writs, process or notices requiring service upon a defendant not in the county where the suit is pending, may be served by the sheriff of the county in which the defendant is to be found.”
Section 1401 of the General Statutes authorizing service of process by the sheriff of the county where the defendant is located, establishing the court's holding.
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Join FLexlaw to unlock all legal intelligenceC. E. Ingalls & Brother initiated litigation in Duval County court against Merchants Broom Company. The Sheriff of Dade County served process on the d…
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Whitfield, J.
A writ of certiorari issued from tlie Circuit Court for Duval County requiring the county court to certify for review an order made by the county court quashing a return upon a summons ad respondendum made by the Sheriff of Duval county on the defendants there. The order quashing the return was. vacated, annulled and reversed-by the Circuit Court and the causé remanded with directions that the county court assume jurisdiction of the defendants on the service as made. The defendant below took writ of error to this court.
The sole question to be determined is whether the process of the county court for Duval county may lawfully be served on the defendants in Dade county by the Sheriff of Dade county so as to give the Duval county court jurisdiction of the defendants for -the purposes of the litigation in the cause.
Sections 1401 and 2037 of the General Statutes of 1906 are as follows:
“1401. (1014 and 1246.) Process by whom. — All process, except that issuing from a justice of the peace court, shall be served by the sheriff of the county in which it is to be served. Process of a justice of the peace court may be served by a sheriff of the county or by a constable. A justice of the peace in the respective counties may serve all process in cases where the sheriff is inter ested, and in case of necessity the judge of the Circuit Court may appoint an elisor to act instead of the Sheriff.
All writs of process issued upon the institution of a suit which may be begun in a county where the defendant does not reside, and all writs, process or notices requiring service upon a defendant not in the county where' the suit is pending, may be served by the sheriff of the county in which the defendant is to be found.
2037. (1575.) Sheriff. — The sheriff of the county shall serve and execute all civil process and do and perform all duties in and about county courts which are required to be performed by an executive officer.”
Section 1401 relates to the service of process generally, while Section 2037 relates to the duties of the Sheriff of the county to be performed in the county as the executive officer of the county court. There is no repugnancy in the two sections. Each operates in its proper sphere without conflict with the other. If process of the' county court is to be served in the county where the court sits, the service is made under Section 2037. If service of the process is to be made in another county, Section 1401 provides the regulation.
The judgment of the Circuit Court quashing the service made by the Sheriff of Dade County in that county was properly vacated by the Circuit Court.
Affirmed.
Shackleford, C. J., and Taylor, Cockrell and Hocker, J. J., concur.
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Phillips v. State, 75 Fla. 93 (Fla. 1918)…[*97] County Courts in Civil Cases the rule of practice, pleading and procedure of the Circuit Courts, taken with other statutes, may be regarded as sufficient warrant for the conclusion reached in the case of Ingalls & Bro. v. Merchants’ Broom Co., 68 Fla. 369, 67 South. Rep. 106, which decision is relied upon by defendant in error here, it is clear that such statutes do not give effect to a writ of summons issued out of a County Judge’s Court in a civil action against a sole defendant beyond the territor…
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Forest Inv. Co. v. Aultman, 80 Fla. 790 (Fla. 1920)…ants residing in different counties may be brought in any county in which any defendant resides. §1384, Gen. Stats., 1906. As service of process was duly made upon Aultman in the county of his residence; C. E. Ingalls & Bro. v. Merchants Broom Co., 68 Fla. 369, 67 South. Rep. 106, tlie judgment rendered against the maker and endorser was not void, therefore, it is not subject to collateral attack. Reversed. [*794] Browne, C. J., and Taylor, Ellis and West, J. J., concur.…