Johnston v. Hamburger
Wisconsin Supreme Court
EKROK to tbe Circuit Court for Dane County. Action by Isaac Hamburger to recover possession of goods alleged to have been wrongfully taken and unlawfully detained from Mm by the defendants Reese and Johnston. The summons was signed by the attorneys of the plaintiff, and was not tested in the ñamé of the judge or subscribed by the clerk of the court in which the action was brought. A motion to dismiss the action for that reason was made by the defendants, but was overruled.
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EKROK to tbe Circuit Court for Dane County. Action by Isaac Hamburger to recover possession of goods alleged to have been wrongfully taken and unlawfully detained from Mm by the defendants Reese and Johnston. The summons was signed by the attorneys of the plaintiff, and was not tested in the ñamé of the judge or subscribed by the clerk of the court in which the action was brought. A motion to dismiss the action for that reason was made by the defendants, but was overruled. The answer denied the existence of any such, person as Isaac Hamburger, and averred that the real name of the plaintiff…
1Opinion of the Court
By the Court,
DIXON, 0. J.
The motion of the plaintiff in error (defendant below), to dismiss the suit because no proper summons had been issued and served, was properly overruled. The summons was in strict compliance with sections two and three of chapter 124 of the Revised Statutes. Those sections do not require that it shall be tested in the name *177of the chief justice or presiding judge of tbe court in which the trial is to be had, nor that it shall be, subscribed by clerk-of such court. The affixing of the seal is expressly dispensed with. The process prescribed by them cannot be regarded as…
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