Ramstock v. Roth
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Washington County. In an action to foreclose a mortgage of real estate, tbe plaintiff obtained an order restraining tbe defendants from committing waste upon tbe mortgaged premises.
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APPEAL from tbe Circuit Court for Washington County. In an action to foreclose a mortgage of real estate, tbe plaintiff obtained an order restraining tbe defendants from committing waste upon tbe mortgaged premises. On tbe summons annexed to tbe complaint, undertaking and injunctional order, was indorsed an affidavit of service, made by a person wbo was not an officer of tbe court, wbicb stated that tbe affiant served sucb summons and complaint, undertaking and injunctional order, on tbe defendants, by delivering and leaving with each of them copies of tbe same, and that affiant knew tbe…
1Opinion of the Court
By the Court,
DixoN, C. J.
A distinction is taken in some of the cases, whether the object of the prosecution for the alleged contempt is to restore the party injured to his pecuniary rights, or to maintain the dignity and authority of the court. According to many of the cases, actual service of the injunction is not necessary for either purpose, but it is enough that the party enjoined has knowledge that the injunction has been granted, however such knowledge may have been derived. But no case has fallen under our observation, where it has *524been held that strictly regular service of tbe…
2Cited by3 opinions
- Drakeford v. AdamsSupreme Court of Georgia · 1896
- Akerly v. VilasWisconsin Supreme Court · 1862
- Poertner v. RusselWisconsin Supreme Court · 1873