Alford v. Jacobson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaulcee County. This action was commenced before a justice of the peace by attachment. The affidavit for the writ is in due form. It was made by an agent of the plaintiff, and, as one of the reasons why it was so made, it is stated therein that the plaintiff is not a resident of this state. The property of the defendant was seized by virtue of the writ, and the writ was duly and personally served upon him by a proper officer.
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APPEAL from the Circuit Court for Milwaulcee County. This action was commenced before a justice of the peace by attachment. The affidavit for the writ is in due form. It was made by an agent of the plaintiff, and, as one of the reasons why it was so made, it is stated therein that the plaintiff is not a resident of this state. The property of the defendant was seized by virtue of the writ, and the writ was duly and personally served upon him by a proper officer. On the return day and hour, the plaintiff appeared before the justice, and declared against the defendant on a pi’omissory note on…
1Opinion of the CourtLi On, J.
The cause having been removed to the circuit court by certiorari, the only question for that court to determine was, whether the justice had jurisdiction to render the judgment; and that is the only question presented by this appeal. Lewis v. Larson, 45 Wis., 353, and cases cited; Brandies v. Robinson, id., 464.
That the justice had jurisdiction of the subject matter of the action, and that by personal service of the process he obtained jurisdiction of the person of the defendant, is not denied. But it appeared, by the affidavit for the attachment, that the plaintiff was not a resident of this…
2Cases cited3 opinions
- Salter v. HilgenWisconsin Supreme Court · 1876
- Conrad v. ColeWisconsin Supreme Court · 1862
- Lewis v. LarsonWisconsin Supreme Court · 1878
3Cited by4 opinions
- State ex rel. Gaster v. WhitcherWisconsin Supreme Court · 1903
- Smith v. BahrWisconsin Supreme Court · 1885
- Bradley v. LongWest Virginia Supreme Court · 1905
- Carter Publishing Co. v. DennettSouth Dakota Supreme Court · 1899