Moyer v. Koontz
Wisconsin Supreme Court
Appeal from an order of the circuit court for Outagamie county: Joi-iN Goodlaed, Circuit Judge. The complaint alleges that the plaintiff’s ward, Fannie Kuntz, prior to 1861, was the wife of Cornelius Kuntz, resident in the town of Dale, Outagamie county; that ever since 1860 she has been wholly insane, and prior to 1861 had been sent to the Mendota Insane Asylum, but had returned to the home of her father, where she was being cared for; that in 1861 her husband obtained a…
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Appeal from an order of the circuit court for Outagamie county: Joi-iN Goodlaed, Circuit Judge. The complaint alleges that the plaintiff’s ward, Fannie Kuntz, prior to 1861, was the wife of Cornelius Kuntz, resident in the town of Dale, Outagamie county; that ever since 1860 she has been wholly insane, and prior to 1861 had been sent to the Mendota Insane Asylum, but had returned to the home of her father, where she was being cared for; that in 1861 her husband obtained a decree of divorce on allegations of adultery, by fraud in actively concealing from the court the fact of her insanity, and…
1Opinion of the CourtDodge, J.
The statute of Wisconsin (Stats. 1898, sec. 2689) authorizes service by publication upon a defendant against whom a cause of action appears to exist ivhen the cause of action arose in this state, and the court has jurisdiction of the subject of the action, whether founded on contract or tort.
*24Clearly, the cause of action arose within this state, and,, so far as our statute is concerned, the question of the right to acquire jurisdiction by publication depends on whether a. cause of action appears to exist against these defendants.
It was decided by this court in Johnson v. Coleman, 23 Wis. 458,…
2Cases cited4 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- St. Sure v. LindsfeltWisconsin Supreme Court · 1892
- State v. DuketWisconsin Supreme Court · 1895
- Terry v. ChandlerWisconsin Supreme Court · 1868
3Cited by26 opinions
- Lawrence v. NelsonSupreme Court of Iowa · 1901
- State ex rel. Sparrenberger v. District CourtMontana Supreme Court · 1923
- State ex rel. Ledin v. DavisonWisconsin Supreme Court · 1934
- Jordan v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1905
- Combs v. CombsCourt of Appeals of Kentucky (pre-1976) · 1933
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