Wakeley v. Nicholas
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Action under Chap. 22, laws of 1859, for the purpose of barring the former owner of all right in the land described in the complaint.
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APPEAL from the Circuit Court for Dane County. Action under Chap. 22, laws of 1859, for the purpose of barring the former owner of all right in the land described in the complaint. Under R. S. chap. 124, sec. 10, the circuit judge made an order directing that service of the summons be made by publishing the same in the “ Wisconsin Deutsche Zeitung,” a weekly newspaper published in the city of Madison, in said county, once in each week for six successive weeks, or that personal service of a copy of the summons and complaint be made on the defendant. Proof of publication of the summons was…
1Opinion of the Court
By the Court,
Dixon, C. J.
Upon affidavit, as prescribed by statute, the court or a judge thereof, or a court commissioner, may grant an order that the service of the summons be made by publication. R. S., ch. 124, sec. 10. “The order shall direct the publication to be made in one newspaper, to be designated as most likely to give notice to the person to be served, and for such time as shall be deemed reasonable, not less than once a week for six weeks,” &c. Id. If the circuit judge who granted the order in this case, in the exercise of the discretion vested in him by the statute, directed…
2Cases cited2 opinions
- Kneeland v. City of MilwaukeeWisconsin Supreme Court · 1862
- Kellogg v. City of OshkoshWisconsin Supreme Court · 1861
3Cited by20 opinions
- Lombard v. McMillanWisconsin Supreme Court · 1897
- Sayles v. DavisWisconsin Supreme Court · 1867
- Philleo v. HilesWisconsin Supreme Court · 1877
- Sapp v. MorrillSupreme Court of Kansas · 1871
- State Ex Rel. Souders v. District CourtMontana Supreme Court · 1932
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