Seacoast Lumber Co. v. R.J. & B.F. Camp Lumber Co.

• Decision Date: 10 June 1912
• Citation: 59 So. 13,63 Fla. 604
• Parties: SEACOAST LUMBER CO. v. R. J. & B. F. CAMP LUMBER CO. et al.
• Court: Florida Supreme Court

59 So. 13

63 Fla. 604

SEACOAST LUMBER CO. v. R. J. & B. F. CAMP LUMBER CO. et al.

Florida Supreme Court

June 10, 1912

Appeal from Circuit Court, Hamilton County; Ira J. Carter, Judge.

Bill in equity by the R. J. & B. F. Camp Lumber Company and others against the Seacoast Lumber Company. From a decree for complainants, defendant appeals. Reversed, with directions.

Syllabus by the Court

SYLLABUS

Where upon a return of process showing the corporation has no officer or business agent in the county where suit is brought, service is made upon a foreign corporation in a county other than the one where the suit is brought, the return should show that the corporation has no president or vice president or other head of the corporation or cashier or treasurer or secretary or general manager or director in the state, and also show that service was duly made on an agent transacting business for the corporation in this state.

A special appearance to contest the legality of the service of process on the defendant and the jurisdiction of the court over the defendant is not a general appearance in the cause.

Where no proper service is made on a defendant foreign corporation as required by the statute, and there is no general appearance for the corporation, a decree pro confesso should not be entered.

COUNSEL James F. Glen, of Tampa, for appellant.

A. B. &amp C. C. Small, of Lake City, for appellees.

OPINION

WHITFIELD C.J.

The appellees brought a suit in equity in Hamilton county against the Seacoast Lumber Company, a foreign corporation. Returns made upon the process issued to the defendant are as follows:

Indorsed:

'Came to hand this April 13, 1911, and hereby returned. Neither the president or other officer of said defendant company, nor any director thereof, nor any business agent thereof residing in Hamilton county, Fla., nor any agent thereof transacting business for it in this state to be found within Hamilton county, Florida.

'This April 13, 1911.

T. B. Johns,

'Sheriff Hamilton County, Florida.'

Indorsed:

'Received this summons on the 19th day of April, A. D. 1911, and executed the same on the 19th day of April, A. D. 1911, by delivering a true copy thereof to A. L. Lyon, a resident business agent of the within named defendant Seacoast Lumber Company, a corporation, in the absence of the president, vice president, or other head of said corporation or cashier or treasurer or secretary or general manager, or any director, and at the same time showing this original and explaining the contents thereof.

'R. F. Bowden,

'Sheriff of Duval County, Florida,

'By J. A. Vinzant,

'Deputy Sheriff.'

The following special appearance was entered May 1, 1911:

'Comes now the defendant, by its attorney, and not appearing generally, but appearing specially for the sole purpose of contesting:

'(1) The pretended service upon the defendants on account of illegality upon the face of the pretended subpoena in chancery.

'(2) To contest the Jurisdiction of the court.

'(3) To contest the legality of the service, in this: that no service has been made upon the defendants, as required by law.

'G. O. Palmer,

'Defendant's Solicitor.'

A decree pro confesso and a final decree consequent thereon were rendered, and the defendant appealed.

The statute regulating the service of process upon private corporations is as follows:

'Process against a corporation, domestic or foreign, may be served:

'(1) Upon the president or vice president or other head of the corporation. In the absence of such head:

'(2) Upon the cashier, or treasurer, or secretary, or general manager; or, in the absence of all of the above:

'(3) Upon any director of such company; or, in the absence of all of the above:

'(4) Upon any business agent resident in the county in which the action is brought.

'(5) If a foreign corporation shall have none of the foregoing officers or agents in this state, service may be made upon any agent transacting business for it in this state.' Section 1406, Gen. St. 1906.

Under this statute service of process upon a foreign corporation may be made upon any business agent resident in the county where the action is brought...