Gilbert-Arnold Land Co. v. O'Hare
Wisconsin Supreme Court
Appeal from an order of the superior court of Douglas county: Charles Smith, Judge. On the 19th day of May, 1894, plaintiff, for itself and on behalf of all the taxpayers of the city of Superior, commenced this action against such city and the mayor and the members of the common council thereof, to prevent the payment of salaries to such mayor and members, which involved the validity of certain proceedings of such council whereby an attempt had been made to so amend the…
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Appeal from an order of the superior court of Douglas county: Charles Smith, Judge. On the 19th day of May, 1894, plaintiff, for itself and on behalf of all the taxpayers of the city of Superior, commenced this action against such city and the mayor and the members of the common council thereof, to prevent the payment of salaries to such mayor and members, which involved the validity of certain proceedings of such council whereby an attempt had been made to so amend the charter of such city as to allow salaries to its mayor and aldermen. W. E. Hoehle appeared for all the defendants. All of…
1Opinion of the CourtMaeshall, J.
The settled rule is that, if a party desires to take advantage of want of service of process sufficient to give the court jurisdiction of his person, by moving to set aside the proceedings on that ground, he must appear specially for that purpose and keep put of court for all others. Alderson v. White, 32 Wis. 308. If a motion be made to set. *198aside a judgment on a ground inconsistent with the claim that it is void for want of jurisdiction of the person, as, for instance, for irregularity in - entering the judgment, or because costs are excessive, or not warranted by the pleadings, or because…
2Cases cited13 opinions
- Barker v. BarkerWisconsin Supreme Court · 1860
- Allard v. LamirandeWisconsin Supreme Court · 1872
- Alderson v. WhiteWisconsin Supreme Court · 1873
- Williams v. FowleMassachusetts Supreme Judicial Court · 1882
- Kingsley v. Great Northern Railway Co.Wisconsin Supreme Court · 1895
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Security Loan & Trust Co. v. Boston & South Riverside Fruit Co.California Supreme Court · 1899
- Clawson v. Boston Acme Mines Development Co.Utah Supreme Court · 1928
- Howard v. PrestonWisconsin Supreme Court · 1966
- MacLay Company v. MeadsCalifornia Court of Appeal · 1910
- State ex el. Nelson v. GrimmWisconsin Supreme Court · 1935
17 more not listed; retrieve them via the Exa API.