Hall v. Graham
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. The verified complaint in this case alleges that defendant was indebted to plaintiff in the sum of $490.40, “balance due upon a-mutual and open account current;” and. demands judgment against him for that amount with interest thereon from January 1, 1879, and for costs, etc.
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APPEAL from the Circuit Court for Grant County. The verified complaint in this case alleges that defendant was indebted to plaintiff in the sum of $490.40, “balance due upon a-mutual and open account current;” and. demands judgment against him for that amount with interest thereon from January 1, 1879, and for costs, etc. Annexed to the complaint on file is the summons in due form, except that the sum for which judgment would be taken (exclusive of interest and costs) was left blank, and that the post-office address of the attorney subscribing it was not given. Upon the summons is indorsed an…
1Opinion of the CourtOutoN, J.
The circuit court had no jurisdiction to render the judgment appealed from, because there was before the court no such proof of the service of the summons as the statute requires. Subd. 2, sec. 2642, R. S.; Matteson v. Smith et al., 37 Wis., 333. The affidavit of the person who is alleged to have served the summons, and which constitutes the *555only return of such service, fails to state that a copy of the summons was left with the defendant. The motion papers for an amended return were submitted after the decision of this ease; but it was too late to mate such an amendment of the record as…
2Cases cited1 opinion
- Matteson v. SmithWisconsin Supreme Court · 1875
3Cited by8 opinions
- Bank of Colfax v. RichardsonOregon Supreme Court · 1898
- Schmidt v. StolowskiWisconsin Supreme Court · 1905
- Weis v. SchoernerWisconsin Supreme Court · 1881
- Zimmerman v. GerdesWisconsin Supreme Court · 1900
- First National Bank of Wausau v. KromerWisconsin Supreme Court · 1905
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