McGeehan v. Bedford
Wisconsin Supreme Court
Appeax from an order of the circuit court for Shawano county: John Goodxasto, Circuit Jndge. Appellant having purchased certain real estate from one Euller in 1901, the plaintiff in May, 1905, caused to be issued and levied thereon an execution under a judgment of a justice of the peace entered March 3, 1900, transcript whereof was docketed in circuit court May 29, 1900, but of which appellant had no actual knowledge at the time of purchasing the land.
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Appeax from an order of the circuit court for Shawano county: John Goodxasto, Circuit Jndge. Appellant having purchased certain real estate from one Euller in 1901, the plaintiff in May, 1905, caused to be issued and levied thereon an execution under a judgment of a justice of the peace entered March 3, 1900, transcript whereof was docketed in circuit court May 29, 1900, but of which appellant had no actual knowledge at the time of purchasing the land. Appellant thereupon moved, upon notice, for an order striking said transcript and all entries relating thereto from the files of the circuit…
1Opinion of the CourtDouge, J.
In order that a justice’s docket should establish the invalidity of his judgment it must fail to disclose some fact which is not only essential to jurisdiction but which the statute requires shall be entered upon the docket. Crate v. Pettepher, 112 Wis. 252, 87 N. W. 1104. Three such facts are urged hy appellant:
1. The return of service is not fully set forth. If that be conceded, as also that the statute requires it, still the omission does not invalidate the judgment, for the fact is rendered unessential to jurisdiction by the further fact, duly docketed, that defendant appeared generally…
2Cases cited8 opinions
- Roberts v. WarrenWisconsin Supreme Court · 1854
- Barry v. NiessenWisconsin Supreme Court · 1902
- Ruthe v. Green Bay & Minnesota RailroadWisconsin Supreme Court · 1875
- Crate v. PettepherWisconsin Supreme Court · 1901
- Cron v. KronesWisconsin Supreme Court · 1863
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Garber v. SprayWyoming Supreme Court · 1917