Champion v. Argall
Wisconsin Supreme Court
APPEAL from the Circuit Court for Iowa County. Argali having recovered a judgment in an attachment suit against Champion, before a justice of the peace in said county, the cause was taken to the circuit court by certiorari ; and the judgment was there reversed and all proceedings under it declared void, and judgment was rendered against Argali for costs, etc. Prom this judgment Argali appealed. The questions involved will sufficiently appear from the opinion.
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APPEAL from the Circuit Court for Iowa County. Argali having recovered a judgment in an attachment suit against Champion, before a justice of the peace in said county, the cause was taken to the circuit court by certiorari ; and the judgment was there reversed and all proceedings under it declared void, and judgment was rendered against Argali for costs, etc. Prom this judgment Argali appealed. The questions involved will sufficiently appear from the opinion. Sec. 102, ch. 120, R. S., requires a writ of attachment to be served “by summoning the defendant as in case of a summons.” A long or…
1Opinion of the CourtCole, J.
We entirely agree with the circuit court in holding that the justice did not obtain jurisdiction, in *523the attachment proceedings, of the person of the defendant, and had no authority to render judgment therein.
It appears that the plaintiff in the justice’s court commenced an action upon a money demand against the defendant as an absconding debtor. The warrant of attachment was issued May 2, 1868, and made returnable on the fifth. The warrant was served by attaching property, and by leaving a copy at the defendant’s usual place of abode with his wife, informing her of the contents thereof, the…
2Cited by3 opinions
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