Illinois Steel Co. v. Dettlaff
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: D. FI. Johnson, Circuit Judge. This is an action of ejectment, brought by the plaintiff b> recover possession of a lot upon what is known as “Jones’ Island,” in the city of Milwaukee. It was commenced in September, 1897, at about the same time with a large number of other suits of the same nature by the same plaintiff against other persons living on the “island.”
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Appeal from an order of the circuit court for Milwaukee county: D. FI. Johnson, Circuit Judge. This is an action of ejectment, brought by the plaintiff b> recover possession of a lot upon what is known as “Jones’ Island,” in the city of Milwaukee. It was commenced in September, 1897, at about the same time with a large number of other suits of the same nature by the same plaintiff against other persons living on the “island.” The sheriff’s return upon the summons is to the effect that Andrew Dettlaff could not be found, but that he served the same on said Andrew by delivering a true copy to…
1Opinion of the CourtWinslow, J.
The sheriff’s return upon the summons showed a legal service thereof upon the defendants. An affidavit of default was properly made, and hence the judgment by default in November, 189'T, was duly rendered. Tf in fact the summons never was served upon the defendants, that fact may be shown by motion in the action; and, if that motion be made in due time and upon sufficient proofs, the judgment may be set aside. Upon such a motion, however, the showing that no service was ever made must be “most satisfactory,” in order to overcome the officer’s return of service and justify the vacation of the…
2Cases cited2 opinions
- Carr v. Commercial Bank of RacineWisconsin Supreme Court · 1862
- Toepfer v. LampertWisconsin Supreme Court · 1899
3Cited by5 opinions
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- Mullins v. LabahnWisconsin Supreme Court · 1943