De Fyn v. Power
Wisconsin Supreme Court
Appeal from an order of the circuit court for Juneau county: W. B. QuiNLAN, Judge. This action was brought to cancel and set aside a certain deed conveying real estate in Juneau county, alleged to have been procured by fraudulent means. Defendants were nonresidents and service by publication was attempted.
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Appeal from an order of the circuit court for Juneau county: W. B. QuiNLAN, Judge. This action was brought to cancel and set aside a certain deed conveying real estate in Juneau county, alleged to have been procured by fraudulent means. Defendants were nonresidents and service by publication was attempted. In the order for publication of the summons it was ordered “that plaintiffs or their attorneys deposit a copy of the summons and complaint in the above entitled action, be sent to the last known address of the defendants, if the same can be ascertained, and if not, a mailing of a copy of…
1Opinion of the CourtOweN, J.
The order of publication was fatally defective. See. 2640, Stats., provides that the order shall (1) direct that service of the summons be made by publication, etc.; (2) that on or before the day of the first phblieation the plaintiff deposit in a specified postoffice a copy of the summons and complaint addressed to the defendant at his post-office, to be therein named; or, (3) a direction that such deposit may be omitted because the defendant’s postoffice address cannot be ascertained. It will be seen that with reference to the mailing of the summons and complaint the order must contain one…
2Cases cited3 opinions
- Anderson v. CoburnWisconsin Supreme Court · 1871
- Cummings v. TaborWisconsin Supreme Court · 1884
- O'Malley v. FrickeWisconsin Supreme Court · 1899
3Cited by9 opinions
- Enwright v. GriffithWisconsin Supreme Court · 1919
- Murphy v. BurnsWisconsin Supreme Court · 1934
- Rauch v. BensmanWisconsin Supreme Court · 1929
- Tillmann v. FlierlWisconsin Supreme Court · 1937
- First National Bank v. EckeWisconsin Supreme Court · 1962
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