Sayles v. Davis
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bock County. Action by holder of tax title to bar the title and interest of the original owners, Davis and Moore. The affidavit of service of summons and complaint was made May 3d, 1864, as follows: “ State of Wisconsin, Milwaukee County, ss.
Read the full summary
APPEAL from the Circuit Court for Bock County. Action by holder of tax title to bar the title and interest of the original owners, Davis and Moore. The affidavit of service of summons and complaint was made May 3d, 1864, as follows: “ State of Wisconsin, Milwaukee County, ss. William J. C. Forster, being duly sworn, on oath says, that on the 3d day of May, 1864, he served a copy of the within summons and complaint on Cyrus D. Davis, who is personally known to this af-fiant, by giving and leaving with him a copy thereof; and that on the same day he served a copy on David S. Moore, by leaving a…
1Opinion of the CourtDixon, C. J.
Rule 41 of the rules of the circuit courts provides that where the service of the summons shall be made by any other person than the sheriff, it shall be necessary for such person to state in his affidavit of service, at what particular place he served the same, and, in case of personal service, that he knew the person served to be the person mentioned and described in the summons as defendant therein. The ser-, vice in this case was not by the sheriff, and the affidavit is defective in both these particulars. The defendant not having appeared in the court below, appeals from the judgment…
2Cited by16 opinions
- Schlosser v. Allis-Chalmers Corp.Wisconsin Supreme Court · 1978
- Van Slyke v. Trempealeau County Farmers' Mutual Fire InsuranceWisconsin Supreme Court · 1876
- Matteson v. SmithWisconsin Supreme Court · 1875
- Godfrey v. WrightWisconsin Supreme Court · 1912
- Weis v. SchoernerWisconsin Supreme Court · 1881
11 more not listed; retrieve them via the Exa API.