Witt v. Meyer
Wisconsin Supreme Court
APPEAL from the County Court of Fond du Lae County, The following statement of the case was prepared by Mr. Justice Taylor as part of the opinion: This is an action to recover damages for a personal assault by the appellant upon the plaintiff and respondent. The action was commenced against the defendant, who is not a resident of this state, but is a resident of the state of Illinois.
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APPEAL from the County Court of Fond du Lae County, The following statement of the case was prepared by Mr. Justice Taylor as part of the opinion: This is an action to recover damages for a personal assault by the appellant upon the plaintiff and respondent. The action was commenced against the defendant, who is not a resident of this state, but is a resident of the state of Illinois. After issuing the summons the respondent made an affidavit showing that he had a cause of action for damages, for an assault and battery committed, upon him by the defendant; that the cause of action arose…
1Opinion of the CourtTaylou, J.
We think the publication of the summons and the other proceedings in the court should have been set aside, on the ground that it conclusively appeared that the complaint had not been filed as required bj' the provisions of sec. 2640, R. S. The affidavit of Mr. Conklin and the certificate of the clerk clearly sIioav that the complaint *598had not been “filed” within the meaning of the statute. It has been said that the object of the statute in, requiring the complaint to be filed is that the defendant may, if he sees fit, examine it at the office, to determine whether he will appear and answer in…
2Cases cited8 opinions
- Rape v. HeatonWisconsin Supreme Court · 1859
- Anderson v. CoburnWisconsin Supreme Court · 1871
- Jarvis v. BarrettWisconsin Supreme Court · 1861
- Cummings v. TaborWisconsin Supreme Court · 1884
- Smith v. GradyWisconsin Supreme Court · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Renier v. HurlbutWisconsin Supreme Court · 1891
- Disconto Gesellschaft v. UmbreitWisconsin Supreme Court · 1906
- Fond du Lac Cheese & Butter Co v. Henningsen Produce Co.Wisconsin Supreme Court · 1909
- Gallun v. WeilWisconsin Supreme Court · 1903
- Beaupre v. BrighamWisconsin Supreme Court · 1891
6 more not listed; retrieve them via the Exa API.