Wilkinson v. Bayley
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. Action, to foreclose a mortgage. The affidavits of service were to the effect that the affiants did, at a certain time and place, duly and personally serve the summons and complaint (or notice of the object of the action) upon the defendants named by delivering to them and each of them a true copy thereof, and that the affiants personally knew the persons upon whom they respectively made such service to be the persons in…
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APPEAL from the Circuit Court for Grant County. Action, to foreclose a mortgage. The affidavits of service were to the effect that the affiants did, at a certain time and place, duly and personally serve the summons and complaint (or notice of the object of the action) upon the defendants named by delivering to them and each of them a true copy thereof, and that the affiants personally knew the persons upon whom they respectively made such service to be the persons in respect to whom such service was to be made. The defendants failed to appeal-, and judgment by default was rendered against…
1Opinion of the CourtOetoN, J.
This is an appeal from a judgment of foreclosure by one of the defendants appearing specially for such purpose. The summonses, with the proof of the pretended service thereof by the affidavit of two private persons on the same, which are a part of the record, show that no service was legally made upon any of the defendants, and that the court therefore did not acquire any jurisdiction to render said judgment. The affidavits do not state that a copy of the summons was left with any of the defendants, as required by sec. 2642, It. S. The judgment is •clearly void for such reason. There was no…
2Cases cited6 opinions
- Rape v. HeatonWisconsin Supreme Court · 1859
- Pollard v. WegenerWisconsin Supreme Court · 1861
- Sayles v. DavisWisconsin Supreme Court · 1866
- Matteson v. SmithWisconsin Supreme Court · 1875
- Hall v. GrahamWisconsin Supreme Court · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Bank of Colfax v. RichardsonOregon Supreme Court · 1898
- Zimmerman v. GerdesWisconsin Supreme Court · 1900
- McMullin v. MackeyNew York Supreme Court · 1889
- Syracuse Moulding Co. v. SquiresNew York Supreme Court · 1891