Cleveland v. Hopkins
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. This action was commenced April 3, 1862, by the service of the summons upon the Marine Bank and certain alleged stockholders of the bank, including the appellant.
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APPEAL from the Circuit Court for Milwaukee County. This action was commenced April 3, 1862, by the service of the summons upon the Marine Bank and certain alleged stockholders of the bank, including the appellant. The sheriff’s return was to the effect that he had served the summons upon certain defendants named, including the appellant, by leaving a copy thereof at their several and usual places of abode (they not being found), with members of their respective families, persons of suitable age and discretion, to whom he stated the contents thereof. The complaint alleged that Hopkins owned…
1Opinion of the CourtCassoday, J.
There is no claim that the summons was personally served, nor that the appellant had any personal knowledge of the pendency or existence of the suit until after the entry of judgment. . The name of the person with whom the summons was left does not appear. It does state that it was left with a member of his family, but this would seem to be a mere conclusion of the officer making the return. Johnson v. Curtis, 51 Wis., 597. By naming or describing the person with whom the summons was left, it might be made to appear that such person was not at the time a member of the appellant’s family.…
2Cases cited8 opinions
- Johnson v. City of MilwaukeeWisconsin Supreme Court · 1876
- Hanson v. MichelsonWisconsin Supreme Court · 1865
- Johnson v. EldredWisconsin Supreme Court · 1861
- Smith v. SmithWisconsin Supreme Court · 1881
- Town of Omro v. WardWisconsin Supreme Court · 1865
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Whereatt v. EllisWisconsin Supreme Court · 1887
- Goldsworthy v. Town of LindenWisconsin Supreme Court · 1889
- Bloor v. SmithWisconsin Supreme Court · 1901
- Dostal v. Saint Paul-Mercury Indemnity Co.Wisconsin Supreme Court · 1958
- Boutin v. CatlinWisconsin Supreme Court · 1899
4 more not listed; retrieve them via the Exa API.