Metzler v. Metzler
Wisconsin Supreme Court
Appeal fro-m an. order of the circnit court for Milwaukee county: Wabbeb D. Tabeaht, Circnit Judge. The appeal is from an order in an action for divorce.
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Appeal fro-m an. order of the circnit court for Milwaukee county: Wabbeb D. Tabeaht, Circnit Judge. The appeal is from an order in an action for divorce. Plaintiff and defendant were married at Eochester, Indiana, December 4, 1886, and lived together until 1901. This action was commenced March 21, 1906. The complaint states that the plaintiff has resided in the state of Wisconsin for three years preceding the commencement of the action, and applies for the divorce on the ground of cruel and inhuman treatment. The court, by an order based on the affidavit of plaintiffs attorney that the…
1Opinion of the CourtSiebeckeR, J.
The facts disclose that plaintiff secured an order for the service of the summons on defendant by-publication by securing an affidavit that defendant’s residence- and postoffice address were unknown and that plaintiff, ip-*604the exercise of due diligence, was Tumble to mate personal service thereof on defendant, when in truth and fact he then knew her residence and postoffice address, and that by this false and fraudulent means he obtained service of the summons by publication. Upon this state of facts the court held that the plaintiff had committed a fraud upon the court in securing service of…
2Cases cited2 opinions
- Townsend v. SmithWisconsin Supreme Court · 1879
- Saveland v. ConnorsWisconsin Supreme Court · 1904
3Cited by3 opinions
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- Birmingham Packing Co. v. Birmingham Belt R. Co.Supreme Court of Alabama · 1918