Lewis v. Hartel
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bodge County. Trespass guare clausum. The plaintiif offered in evidence tlie judgment roll in a previous action, wherein lie had recovered judgment for the possession of the premises, and under which the sheriff had put him in posses sion. The court excluded this evidence, holding the judgment void, for want of sufficient proof that the summons in the action had been properly served. The grounds of this decision will appear from the opinion.
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APPEAL from the Circuit Court for Bodge County. Trespass guare clausum. The plaintiif offered in evidence tlie judgment roll in a previous action, wherein lie had recovered judgment for the possession of the premises, and under which the sheriff had put him in posses sion. The court excluded this evidence, holding the judgment void, for want of sufficient proof that the summons in the action had been properly served. The grounds of this decision will appear from the opinion. Judgment for defendant; and plaintiff appealed. as to the sufficiency of the affidavit of service which constituted a…
1Opinion of the Court
Dixon, O. J.
This case tnrned, in the court below, upon the sufficiency of the affidavit of service of the summons upon the defendant Bowers, in the action of Lewis against Bowers and Meir, the judgment in which was relied upon by the plaintiff in this action, and given in evidence upon the trial. The judge held the affidavit insufficient, and the judgment void for want of jurisdiction, and charged the jury to find a verdict for the defendant. The sufficiency of the affidavit is, therefore, the only question here. There were two affidavits of service connected with the judgment roll — the…
2Cases cited1 opinion
- Sayles v. DavisWisconsin Supreme Court · 1866
3Cited by1 opinion
- Beneficial Finance Co. v. LeeWisconsin Supreme Court · 1967