Jenks v. Arms
Wisconsin Supreme Court
Appeal from an order of the circuit court for Clark county: Jakes O’Neill, Circuit Judge. Tbis is an appeal from an order refusing to vacate a judgment on service obtained by publication.
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Appeal from an order of the circuit court for Clark county: Jakes O’Neill, Circuit Judge. Tbis is an appeal from an order refusing to vacate a judgment on service obtained by publication. The following is the affidavit: “State oe WISCONSIN, ) County of Clark. 3 ss’ “Romeyn M. denies, being duly sworn, on oath says that he is the plaintiff above named and makes this affidavit on his own behalf; that the above entitled action has been commenced by the issuance of a summons therein, of which a copy is hereto annexed; that the plaintiff’s complaint herein is duly verified and has been filed with…
1Opinion of the CourtKeRwiN, J.
The question here is whether the judgment was void because no service was had upon the defendant. It is not denied that there was good service if the affidavit for an order of publication was sufficient.
Sec. 2640, Stats., provides:
“The order mentioned in the preceding section shall be made by the court or a judge thereof within ten days after the date of the affidavit herein required. The application therefor shall be based upon the complaint, duly verified and filed, and an affidavit, together 'showing the facts required to exist and that the plaintiff is unable, with due diligence, to malee…
2Cases cited7 opinions
- Bragg v. GaynorWisconsin Supreme Court · 1893
- People Ex Rel. Kenyon v. . SutherlandNew York Court of Appeals · 1880
- Wiley v. C. Aultman & Co.Wisconsin Supreme Court · 1881
- Ross v. Highway Commissioners of the Township of TaylorMichigan Supreme Court · 1875
- Silver Peak Mines v. HanchettU.S. Circuit Court for the District of Nevada · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Jensen v. SchwartzNorth Dakota Supreme Court · 1958