Weatherbee v. Weatherbee
Wisconsin Supreme Court
APPEAL from the County Court of Dane County. Margaret Weatherbee made a motion in April, 1865, to set aside a judgment for 'divorce rendered against her in the same court in June, 1863, on the ground that the court had not acquired jurisdiction of her person.
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APPEAL from the County Court of Dane County. Margaret Weatherbee made a motion in April, 1865, to set aside a judgment for 'divorce rendered against her in the same court in June, 1863, on the ground that the court had not acquired jurisdiction of her person. At the time the action for divorce was brought, Mrs. Weatherbee was in Detroit, Michigan, and upon the summons, attached to the complaint, was the following admission of service, signed by her at Detroit: “I, Margaret Weatherbee, the defendant named in the within summons and complaint, hereby acknowledge due and legal service of the…
1Opinion of the CourtDowner, J.
The summons was served on the defendant in the state of Michigan, and the admission of service on the back of the summons was signed by her in that state, where she was then temporarily residing. No order of publication was made in the case. The court are of opinion that such service and admission of service are entirely void. Nor can the agreement following the admission of service, or forming a part of it, that she waived all other service, avail to give the county court jurisdiction. She could not waive the order of publication required by the statute in any other way than by entering her…
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