Kernan v. Northern Pacific Railroad
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Eacine county: Eeahe M. Eish, Circuit Judge. Tbe defendant was a railroad company whose general office was without the state, and none of whose officers resided within the state. It had formerly operated a line of roads in this state, but had gone into the hands of a receiver in August, 1893. No part of its line was within Eacine county.
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Appeal from an order of tbe circuit court for Eacine county: Eeahe M. Eish, Circuit Judge. Tbe defendant was a railroad company whose general office was without the state, and none of whose officers resided within the state. It had formerly operated a line of roads in this state, but had gone into the hands of a receiver in August, 1893. No part of its line was within Eacine county. This action is entitled in the circuit court for Ea-cine county, and an attempt to make service of the summons and complaint was made February 3,1896, by the plaintiff’s attorney. His affidavit of service shows…
1Opinion of the CourtBaedeeN, J.
The order appealed from must be affirmed, because:
1. The affidavit of service is clearly insufficient. Sec. 2642,. S. & B. Ann. Stats., provides that, if the service of a summons is made'by any person other than the sheriff, proof of such service shall be made by affidavit of the person making *358such service, showing place, time, and manner of service, “ and that be knew the person served to be the defendant mentioned in the summons.” The affidavit referred to fails to meet these requirements. The statement therein that the affiant knew that the person with whom he left a copy of the summons…
2Cases cited6 opinions
- Amy v. WatertownSupreme Court of the United States · 1889
- Grantier v. RosecranceWisconsin Supreme Court · 1871
- Sayles v. DavisWisconsin Supreme Court · 1866
- City of Watertown v. RobinsonWisconsin Supreme Court · 1887
- German Mutual Farmer Fire Insurance v. DeckerWisconsin Supreme Court · 1889
1 more not listed; retrieve them via the Exa API.
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