Smithers v. Brunkhorst

Appellant asserts as error the rendition of judgment as upon default because of a lack of personal service of the summons, and a failure to give eight days’ notice of assessment of damages as required by sec. 2891, Stats. The proof of service of summons does not disclose a valid personal or substituted service. The affidavit of the constable recites that he made service “by delivering to and *532leaving with the wife of the defendant a true copy thereof,” but fails to disclose that it was left at the usual place of abode of the defendant, as required by sec. 2636, Stats. It does not seem…