Sullivan v. Arbuthnot
Decision Date | 25 February 1941 |
Citation | 146 Fla. 276,200 So. 703 |
Parties | SULLIVAN v. ARBUTHNOT. |
Court | Florida Supreme Court |
Error to Circuit Court, Hendry County; George W. Whitehurst, Judge.
Action by C. L. Arbuthnot against W. L. Sullivan to recover on certain promissory notes. From a judgment for plaintiff defendant brings error.
Judgment affirmed.
Errol S. Willes, of Fort Pierce, for plaintiff in error.
Louis O. Gravely, of La Belle, for defendant in error.
In this case plaintiff Arbuthnot sued the defendant Sullivan and in his declaration alleged:
Attached to the declaration were copies of three promissory notes of $100 each dated LaBelle, Florida, January 5, 1939, and two notes for $125 each likewise dated. One note for $125 was due April 5, 1939; the other note for $125 was due May 5, 1939 and the other three notes were due June 5, July 5 and August 5, 1939, respectively.
On September 4, 1939, defendant filed motion to dismiss on the ground that plaintiff had failed to file affidavit of good faith as required by Section 2579, R.G.S., section 4219, C.G.L., and on the same date defendant filed plea of privilege alleging that defendant was a resident of Martin County, that he was served with summons ad res in St. Lucie County and that cause of action accrued in Hendry County. He alleged that the suit was instituted in Hendry County without affidavit of good faith having been filed and that the court was without jurisdiction.
On September 9, 1939, the Court entered an order as follows:
'This cause coming on to be heard upon defendants motion to dismiss the aboveentitled cause on the ground that the plaintiff failed to comply with section 4219, C.G.L. of Florida 1927, and the same having been argued by attorneys for the respective parties and the Court being fully advised in the premises,
'It is, therefore, considered, ordered and adjudged that the defendant's motion be and the same is hereby granted and plaintiff shall have 5 days to plead as advised, and the defendant shall have 10 days after service of amendment to plead as advised.
'Done and ordered in Chambers at Fort Myers, Florida, this 9th day of September, A. D. 1939.'
On September 13th plaintiff filed affidavit of good faith required by the provisions of Section 2579, R.G.S., section 4219, C.G.L.
Defendant filed motion to strike the affidavit of good faith. On January 2, 1940, the Court entered an order denying the motion to strike plaintiff's affidavit of good faith and allowed the defendant 15 days in which to plead. The defendant filed six pleas. Trial was had on the issues presented by...
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...payable in Broward County, accrued in Broward County. See Croker v. Powell, Fla.1934, 115 Fla. 733, 156 So. 146; Sullivan v. Arbuthnot, Fla.1941, 146 Fla. 276, 200 So. 703. Cf. State ex rel. Teaque v. Harrison, Fla.1939, 138 Fla. 874, 190 So. 483 (recognizing statutory exception with respec......
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