Northrup v. Shephard
Wisconsin Supreme Court
APPEAL from the Circuit Oourt for Rook County. This was a motion to set aside a judgment by default. The grounds of the motion are stated in the opinion.
1Opinion of the CourtPaine, J.
According to the rule that has been established by the decisions of this court, the record in the court below did not show any jurisdiction of the defendant Shephard. The return of the sheriff showed service only by leaving a copy of the summons at Shephard's residence, with a person of suitable age and discretion, but did not show that Shephard himself was not found, in which case only is the service made a legal one. Knox v. Miller, 18 Wis. 397.
The judgment was therefore irregular and unwarranted on the face of the record, and the defendant was entitled to have it set aside, on motion, for…
2Cases cited1 opinion
- Knox v. MillerWisconsin Supreme Court · 1864
3Cited by6 opinions
- Drake v. HarrisonWisconsin Supreme Court · 1887
- Johnson v. CurtisWisconsin Supreme Court · 1881
- McConkey v. McCraneyWisconsin Supreme Court · 1888
- Northrup v. ShephardWisconsin Supreme Court · 1870
- Rehmstedt v. BriscoeWisconsin Supreme Court · 1882
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