Grantier v. Rosecrance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Trempealeau County. The plaintiff brought an action- against one- Lewis and Martin Rosecrance, upon a judgment rendered against them in his favor, in a court of another state; and he took judgment as for default of answer against both defendants. The order for judgment recites that the summons, with a copy of the complaint, had been personally served on the defendant Rosecrance.
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APPEAL from the Circuit Court for Trempealeau County. The plaintiff brought an action- against one- Lewis and Martin Rosecrance, upon a judgment rendered against them in his favor, in a court of another state; and he took judgment as for default of answer against both defendants. The order for judgment recites that the summons, with a copy of the complaint, had been personally served on the defendant Rosecrance. The proof upon the record of service of the summons was an affidavit of one Robinson, stating that on, etc., “he served the within summons and the complaint thereunto annexed, on…
1Opinion of the CourtCole, J.
There can be no doubt that the record failed to show any legal service of the summons in the action; and had not this defect been waived by the appearance of the defendant Rosecrance, the order appealed from would have to be affirmed. But he, by his attorneys, moved the court to set aside the judgment upon several grounds, one of which was the following: “ 4th. Because the complaint in this action does not state a cause of action against the defendant Martin Rosecrance.” Coming’ into court and moving that the judgment be set aside upon such a ground was a general appearance in the cause, and…
2Cases cited1 opinion
- Stonach v. GlessnerWisconsin Supreme Court · 1856
3Cited by24 opinions
- Yorke v. YorkeNorth Dakota Supreme Court · 1893
- Alderson v. WhiteWisconsin Supreme Court · 1873
- Corbett v. Physicians' Casualty Ass'n of AmericaWisconsin Supreme Court · 1908
- Mayer v. MayerOregon Supreme Court · 1895
- Rix v. Sprague Canning Machinery Co.Wisconsin Supreme Court · 1914
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