Heymann v. Cunningham
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. The case is thus stated by Mr. Justice Tayloe: The plaintiff commenced an action against the 'city of Watertown by summons and complaint, which his attorney delivered to the defendant, a deputy sheriff of Jefferson county, to serve.
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APPEAL from the Circuit Court for Jefferson County. The case is thus stated by Mr. Justice Tayloe: The plaintiff commenced an action against the 'city of Watertown by summons and complaint, which his attorney delivered to the defendant, a deputy sheriff of Jefferson county, to serve. The deputy sheriff, under the direction of the plaintiff’s attorney, served the said summons and complaint upon the city clerk, and upon the chairman of the hoard of street commissioners of said city, there being no mayor of said city of Watertown. After making such service, the said deputy sheriff, although…
1Opinion of the CourtTaylor, J.
The appellant claims that the circuit court erred in discharging his order, and that the court should have adjudged the said Cunningham guilty of the misconduct charged in his said affidavit, and ordered him to make return of said summons and complaint, and of his doings thereon, forthwith, and that in default thereof he should have committed him to prison until lie performed his duty in that respect. The appellant’s proceedings were taken under sections 3477, 3480, 3481, 3489 and 3491, R. S. 1878.
Section 3477 provides that “ every court of record shall have power to punish by fine or…
2Cases cited1 opinion
- State ex rel. Mann v. BrophyWisconsin Supreme Court · 1875
3Cited by3 opinions
- Emerson v. HussWisconsin Supreme Court · 1906
- City of Watertown v. RobinsonWisconsin Supreme Court · 1887
- Shaw v. KendallMontana Supreme Court · 1943