Townsend v. Smith
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wauhesha, County. The plaintiff is the owner of a hotel in Oeonomowoc, in this state; and the defendant, being a resident of Chicago, and the publisher of a newspaper in that city called The Hotel World, published an article in said newspaper derogatory to the character of the plaintiff, and severely censuring him for the manner in which he conducted his hotel business.
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APPEAL from the Circuit Court for Wauhesha, County. The plaintiff is the owner of a hotel in Oeonomowoc, in this state; and the defendant, being a resident of Chicago, and the publisher of a newspaper in that city called The Hotel World, published an article in said newspaper derogatory to the character of the plaintiff, and severely censuring him for the manner in which he conducted his hotel business. Soon after this publication, plaintiff, by means of the false and fraudulent pretenses that he desired to advertise his hotel for sale in The Hotel World, and also desired the defendant to…
1Opinion of the Court
Lyon, J.-
If. a person • is induced by false representations to come within the jurisdiction of a court for the purpose of obtaining service of process upon him, and process in an action brought against him in such court is there served, it is an abuse of legal process, and, the fraud being shown, the court will, on motion, set aside the service. This rule is elementary, and has been uniformly enforced in numerous eases both in this country and England. The principle of the rule seems to be that “ a valid and lawful act cannot be accomplished by any unlawful means; and whenever such unlawful…
2Cases cited9 opinions
- Dunlap & Co. v. CodySupreme Court of Iowa · 1871
- Williams v. BaconNew York Supreme Court · 1834
- Wanzer v. BrightIllinois Supreme Court · 1869
- Metcalf v. ClarkNew York Supreme Court · 1864
- Snelling & Baxter v. WatrousNew York Court of Chancery · 1830
4 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Cavanaugh v. SmithIndiana Supreme Court · 1882
- Chubbuck v. ClevelandSupreme Court of Minnesota · 1887
- Frawley, Bundy & Wilcox v. Pennsylvania Casualty Co.U.S. Circuit Court for the District of Middle Pennsylvania · 1903
- Copas v. Anglo-American Provision Co.Michigan Supreme Court · 1889
- Margos v. MoroudasCourt of Appeals of Maryland · 1945
23 more not listed; retrieve them via the Exa API.