McConkey v. McCraney
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marinette County. The following statement of the case was prepared by Mr. Justice Tayloe: The respondents commenced an action in the circuit court of Marinette county to recover upon contract.
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APPEAL from the Circuit Court for Marinette County. The following statement of the case was prepared by Mr. Justice Tayloe: The respondents commenced an action in the circuit court of Marinette county to recover upon contract. A summons was issued, and placed in the hands of the sheriff of said county, and he made the following return of service thereon: “State of Wisconsin, Marinette County: I hereby certify that on the 25th day of October, 1887, at the town of Peshtigo, in said county, after diligent search and inquiry, I have been unable to find the witbin-named defendant, D. M. MoOraney,…
1Opinion of the Court
Per OuriaM;
It is clear that the service of the summons and complaint, as shown by the record, was a void service. The sheriff failed entirely to ‘serve the papers as required by subd. 4, sec. 2636, R. S., when the defendant cannot be found. It is equally clear that the clerk had no authority to enter judgment out of term, had the service been made as required by said section. See sec. 2891, R. S. That the service was void and gave the court no jurisdiction of the person of the defendant, see Weis v. Schoerner, 53 Wis. 72; Hall v. Graham, 49 Wis. 553; Matteson v. Smith, 37 Wis. *578333; Sayles…
2Cases cited9 opinions
- Pollard v. WegenerWisconsin Supreme Court · 1861
- Sayles v. DavisWisconsin Supreme Court · 1866
- Moyer v. CookWisconsin Supreme Court · 1860
- Matteson v. SmithWisconsin Supreme Court · 1875
- Morrison v. AustinWisconsin Supreme Court · 1861
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3Cited by5 opinions
- Fred Miller Brewing Co. v. Capital InsuranceSupreme Court of Iowa · 1900
- Schmidt v. StolowskiWisconsin Supreme Court · 1905
- Zimmerman v. GerdesWisconsin Supreme Court · 1900
- Electric Appliance Co. v. WarrenWisconsin Supreme Court · 1902
- Vandement v. Trisler, Court of Common Pleas of Ohio, Hamilton County1896