Young v. Schenck
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waushara County. Foreclosure of mortgage. The plaintiff’s attorney made and filed an affidavit for the service of summons by publication on the defendant Schenek, the terms of which will appear from the opinion.
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APPEAL from the Circuit Court for Waushara County. Foreclosure of mortgage. The plaintiff’s attorney made and filed an affidavit for the service of summons by publication on the defendant Schenek, the terms of which will appear from the opinion. After such publication, and after the time to answer had expired, the cause was referred to a referee “ to ascertain the amount due to the plaintiff upon the note and mortgage herein,” and report the same, etc.; and he reported that he had “ computed and ascertained the amount due,” stating the amount, and appending the usual schedule. Judgment was…
1Opinion of the CourtCole, J.
It is objected that the affidavit for an order of publication in this case was defective in two particulars: first, that it was made by the attorney of the plaintiff instead of being made by the plaintiff himself; and second, that no facts are stated in the affidavit showing what diligence was used to ascertain the residence of'the defendant-Schenck. The statute regulating the manner of acquiring jurisdiction over non-resident defendants by publication, provides that in case of publication the court or judge shall direct a copy of the summons and complaint, or, in lieu of the complaint, a…
2Cases cited2 opinions
- Boyd v. SumnerWisconsin Supreme Court · 1859
- Farmers' & Millers' Bank of Milwaukee v. EldredWisconsin Supreme Court · 1865
3Cited by2 opinions
- Clarke v. Shoshoni Lumber Co.Wyoming Supreme Court · 1924
- Jenks v. ArmsWisconsin Supreme Court · 1915