Electric Appliance Co. v. Warren
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Taylor county: JohN K. Pakish, Circuit Judge. Appeal from a judgment upon several promissory notes, taken by default before the clerk. Service upon defendant was attempted to be made by leaving a copy of the summons and complaint with the defendant’s wife, but the proof fails to show that the defendant could not be found.
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Appeal from a judgment of the circuit court for Taylor county: JohN K. Pakish, Circuit Judge. Appeal from a judgment upon several promissory notes, taken by default before the clerk. Service upon defendant was attempted to be made by leaving a copy of the summons and complaint with the defendant’s wife, but the proof fails to show that the defendant could not be found. No appearance was made by the defendant, unless taking an appeal from the whole and every part of the judgment and serving a general notice of appeal was such appéarance.
1Opinion of the CourtBakdeeN, J.
It is conceded that the proof of service of the summons and complaint in this action is insufficient. In Moyer v. Cook, 12 Wis. 335, this court held that the words “personal service,” in a statute similar to subd. 1, sec. 2891, Stats. 1898, meant delivery of the papers served to' the defendant personally. In McConkey v. McCraney, 71 Wis. 576, 37 N. W. 822, the rule established by former decisions of this court, there cited, was affirmed, — that the clerk had no power, under sec. 2891, to enter judgment out of term, when the process had not been' personally served upon the defendant. The cases…
2Cases cited3 opinions
- Moyer v. CookWisconsin Supreme Court · 1860
- Zimmerman v. GerdesWisconsin Supreme Court · 1900
- McConkey v. McCraneyWisconsin Supreme Court · 1888
3Cited by2 opinions
- Lausten v. LaustenSupreme Court of Oklahoma · 1916
- State v. Van BrocklinWisconsin Supreme Court · 1927