Moyer v. Cook
Wisconsin Supreme Court
APPEAL from the Circuit Court for Pierde County. Action on a promissory note, brought by Moyer, the payee, against Cook, the maker.
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APPEAL from the Circuit Court for Pierde County. Action on a promissory note, brought by Moyer, the payee, against Cook, the maker. Tbe sheriff’s return showed a service of the summons and complaint upon the defendant, by leaving true copies thereof at Ms last and usual place of residence in Pierce county, “with Ms brother, Camalien Cook, a person of suitable age and discretion, and informing him of the contents thereof, on the 4th day of September, 1858.” On the 27th day of the same month, the clerk of the court, upon application of the plaintiff’s attorney, and his affidavit of no answer or…
1Opinion of the Court
By the Corrt,
Paine, - J.
Jf the amendment of the sheriff’s return according to the facts, would have shown a good service, so as to. authorize the entry of the judgment by the clerk, it should have been allowed. But we-do not think the amendment proposed would show such service. Section 27, chap. 132, R. S. 1858, ■ authorized an entry of judgment by the clerk only on filing proof of u personal service.” Sec. 9, chap. 124, provides that the summons shall be served by delivering a copy “ to the defendant personally,” or if not found, by. leaving it at his usual place of abode, &c. We think the…
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