Magnuson v. Clithero
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Douglas county: Ohaeles Smith, Judge. Action to foreclose a mortgage. A judgment of limited divorce was granted between Sara Magnuson and Elias Magnuson at tbe suit of the former. Service upon the defendant was by publication. There was no appearance by the defendant.
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Appeal from a judgment of the superior court of Douglas county: Ohaeles Smith, Judge. Action to foreclose a mortgage. A judgment of limited divorce was granted between Sara Magnuson and Elias Magnuson at tbe suit of the former. Service upon the defendant was by publication. There was no appearance by the defendant. The order of publication was based on a complaint setting forth a cause of action for divorce on the ground of desertion, and also for failure to support, none of the allegations being on information and belief, and the verification being in the form prescribed by statute, omitting…
1Opinion of the CourtMaRshall, J.
Many questions are discussed in the briefs of counsel and others suggested by the record, which are rendered immaterial because of the legal effect of the judgment rendered in the second action, which determined *554tbe rights of plaintiff and Elias Magnuson in respect to tbe notes and mortgage. Tbe learned trial court vacated tbe .judgment in this action upon the theory that tbe title to the property in question depended on tbe validity of the divorce judgment. That was erroneous. It is not material to this case or to plaintiff’s title to the property whether it was validly transferred by the…
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