Borden v. Borden
Wisconsin Supreme Court
APPEAL from the Circuit Court for La, Fayette County. The appeal is by the defendant Philo Borden from an order refusing to set aside a judgment by default, and also from the judgment itself. The facts will sufficiently appear from the opinion. To the point that the service of the summons in this case was valid, they cited Farmers’ Ins. Go. v. Highsmith, 44 Iowa, 330; Gwynne on Sheriffs, 77; Morton-v. Meader, 4 Sawy. 603; Slaght v. Bobbins, 13 N. J. Law, 340.
1Opinion of the Court
Cole, O. J.
The only ground relied on for impeaching the judgment is the want of jurisdiction. It is insisted that the circuit court never acquired jurisdiction of the person of Philo Borden by the service of the summons which was made. The summons was served by Constable McKnight, who made an affidavit of the time, place, and manner of service, as follows: “ Ellis J. McKnight, of lawful age, being duly sworn, on oath says that he served the summons hereto annexed upon Philo Borden and William Borden, the defendants therein named, by delivering to each of them a true copy thereof, and leaving…
2Cases cited1 opinion
- Davison v. BakerNew York Supreme Court · 1862
3Cited by10 opinions
- Currier v. BaldridgeCourt of Appeals for the Seventh Circuit · 1990
- Boeck v. State Highway CommissionWisconsin Supreme Court · 1967
- Boggs v. Inter-American Mining & Smelting Co.Court of Appeals of Maryland · 1907
- Williams v. WilliamsCourt of Appeals of Maryland · 1985
- Currier v. BaldridgeCourt of Appeals for the Seventh Circuit · 1990
5 more not listed; retrieve them via the Exa API.