Minneapolis Threshing Machine Co. v. Ashauer
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Calumet county: Geo. W. BubNell, Circuit Judge. On May 3, 1894, one George Binder was tbe owner of tbe premises involved, and bad witbin two years theretofore made three certain mortgages thereon in tbe following order: one for $1,000 to Sieben; one for $1,770 to John Binder; and one for $1,427 to this plaintiff.
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Appeal from a judgment of tbe circuit court for Calumet county: Geo. W. BubNell, Circuit Judge. On May 3, 1894, one George Binder was tbe owner of tbe premises involved, and bad witbin two years theretofore made three certain mortgages thereon in tbe following order: one for $1,000 to Sieben; one for $1,770 to John Binder; and one for $1,427 to this plaintiff. At said date suit was commenced by Sieben to foreclose her mortgage, naming as defendants both John Binder and tbe plaintiff, together with George Binder and other defendants not now material. Tbe summons was attempted to be served on…
1Opinion of the CourtDodge, J.
Any right of plaintiff to maintain this action is dependent on its contention that it never became personally subject to the jurisdiction of the court in the former foreclosure action where it was named as defendant. In case of a collateral attack upon so solemn a record as this judgment, made years after its rendition and after it is obvious that the *649party seeking to attack it bad knowledge of it, every reasonable intendment should be made in favor of the jurisdiction so assumed and exercised. The very adjudication by the court that it had jurisdiction is of strong prima facie effect, and…
2Cases cited7 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Miller v. . BrenhamNew York Court of Appeals · 1877
- Moyer v. KoontzWisconsin Supreme Court · 1899
- Zahorka v. GeithWisconsin Supreme Court · 1906
- Fond du Lac Cheese & Butter Co v. Henningsen Produce Co.Wisconsin Supreme Court · 1909
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3Cited by4 opinions
- Danielson v. Brody Seating Co.Wisconsin Supreme Court · 1976
- Carroll v. Wisconsin Power & Light Co.Wisconsin Supreme Court · 1956
- Kasalica v. Industrial Commission of ArizonaArizona Supreme Court · 1946
- State ex rel. Pennsylvania Railway Co. v. Circuit Court for Milwaukee CountyWisconsin Supreme Court · 1922