Kretzschmar v. Rosasco

In summary proceedings before a circuit court commissioner, defendant Victor Rosasco appeared specially by attorney and attacked the regularity of substituted service of process on him. Judgment going against him, he brought certiorari in circuit court, and, again losing, reviews on case-made.

His position before the commissioner and in his affidavit for certiorari was that the return of no service of summons by the officer and the affidavit of publication were false and the latter was insufficient because it did not set up the facts from which the commissioner could determine whether the stat…