Porath v. Reigh & Salentine Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Eugene S. Elliott, Circuit Judge. Appeal from a judgment by default in an action to foreclose a mortgage.
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Appeal from a judgment of the circuit court for Milwaukee county: Eugene S. Elliott, Circuit Judge. Appeal from a judgment by default in an action to foreclose a mortgage. Proof of the service of the summons and complaint upon the defendant The Reigh <& Salentvne Company was made by a. person other than an officer, by affidavit attached to the originals in the folio wing language: “Henry Foelske, being first duly sworn, on oath deposes, says that on the 10th day of April, 1899, at the city of Milwaukee, county of Milwaukee and state of Wisconsin, he served the within summons and complaint on…
1Opinion of the CourtMarshall, J.
The notice of appeal identified the cause and the judgment referred to with reasonable certainty, the record of which has been certified to this court. That satisfies the statute. “ Ered ” is so commonly used for Frederick and Friedrich that no good reason can be assigned for supposing that respondent was not fully informed by the notice who was intended as plaintiff; hence the title to the action was substantially given. Only one judgment therein existed. It was against the appellant, notwithstanding it was also against others; therefore the expression “ appeal from the judgment against the…
2Cases cited5 opinions
- Grantier v. RosecranceWisconsin Supreme Court · 1871
- Sayles v. DavisWisconsin Supreme Court · 1866
- German Mutual Farmer Fire Insurance v. DeckerWisconsin Supreme Court · 1889
- Irvin v. SmithWisconsin Supreme Court · 1887
- Kernan v. Northern Pacific RailroadWisconsin Supreme Court · 1899
3Cited by1 opinion
- Schmidt v. StolowskiWisconsin Supreme Court · 1905