State ex rel. Engle v. Hilgendorf
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: Warren D. TarraNT, Circuit Judge. This is an action of unlawful detainer, brought by the appellant against the respondent in justice’s court for Milwaukee county. On the return day the defendant appeared specially by his attorney and filed an affidavit of prejudice and paid the statutory fees; whereupon the case was removed to another justice.
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Appeal from a judgment of tbe circuit court for Milwaukee county: Warren D. TarraNT, Circuit Judge. This is an action of unlawful detainer, brought by the appellant against the respondent in justice’s court for Milwaukee county. On the return day the defendant appeared specially by his attorney and filed an affidavit of prejudice and paid the statutory fees; whereupon the case was removed to another justice. Before the second justice the defendant again appeared specially by his attorney and objected to the jurisdiction of the court over the person of the defendant and over the subject…
1Opinion of the CourtBashKobd, J.
Tbe contention is made on behalf of the respondent that the justice’s court never acquired jurisdiction of his person, for the reason that the return of the constable shows that there was no proper service of the summons. Appellant’s counsel insists that if there was any ground for this objection it was waived by the defendant when he appeared before the court on the return day and filed an affidavit of prejudice; that such appearance, though special in form, became general in fact when affirmative relief was asked by defendant, and cured any defect in the service of summons upon him or in…
2Cases cited3 opinions
- Rideout v. Winnebago Traction Co.Wisconsin Supreme Court · 1904
- Corbett v. Physicians' Casualty Ass'n of AmericaWisconsin Supreme Court · 1908
- Bestor v. Inter-County FairWisconsin Supreme Court · 1908
3Cited by9 opinions
- Rix v. Sprague Canning Machinery Co.Wisconsin Supreme Court · 1914
- Lees v. Department of Industry, Labor & Human RelationsWisconsin Supreme Court · 1971
- Driscoll v. TillmanWisconsin Supreme Court · 1917
- Benedict v. SeiberlingDistrict Court, N.D. Ohio · 1927
- Scheuer & Tiegs, Inc. v. BenedictWisconsin Supreme Court · 1921
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