Legal Opinion

Schultz v. Schultz

Wisconsin Supreme Court

Decided November 29, 1949PublishedCited by 4 opinions

1Opinion of the CourtHughes, J.

If the judgment is in personam, it must be held invalid because no jurisdiction was obtained over the appellants.

The respondents contend that the proceedings were sufficient in rem and rely upon previous decisions of this court.

In Jarvis v. Barrett (1861), 14 Wis. *591 (syllabus), it is said:

“By the service of summons by publication pursuant to the statute, without a seizure of property by attachment, the courts of record of this state may acquire jurisdiction in an action upon contract so as to pronounce a judgment against a nonresident defendant, which shall be effectual and binding as against…

2Cases cited4 opinions

  1. Pennington v. Fourth National Bank of CincinnatiSupreme Court of the United States · 1917
  2. Disconto Gesellschaft v. UmbreitWisconsin Supreme Court · 1906
  3. Gallun v. WeilWisconsin Supreme Court · 1903
  4. Closson v. ChaseWisconsin Supreme Court · 1914

3Cited by4 opinions

  1. Miller v. SmithWisconsin Supreme Court · 1981
  2. Stanley C. Hanks Co. v. SchererWisconsin Supreme Court · 1951
  3. Sheehan v. MatthewWisconsin Supreme Court · 1951
  4. Stanley C. Hanks Co. v. SchererWisconsin Supreme Court · 1951

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