O'Malley v. Fricke
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Sauk county: R. G-. Siebeckeb, Circuit Judge. This is an action of ejectment for a farm of 122 acres'. Roth parties claim title under Thomas O’Malley, the plaintiff founding her title upon a decree of divorce between herself and Thomas O’Malley rendered by the circuit court for Sauk county September 14,1897, and the defendant Bridget Frielte founding her title upon a warranty deed executed by Thomas O’Malley to herself December…
Read the full summary
Appeal from a judgment of the circuit court for Sauk county: R. G-. Siebeckeb, Circuit Judge. This is an action of ejectment for a farm of 122 acres'. Roth parties claim title under Thomas O’Malley, the plaintiff founding her title upon a decree of divorce between herself and Thomas O’Malley rendered by the circuit court for Sauk county September 14,1897, and the defendant Bridget Frielte founding her title upon a warranty deed executed by Thomas O’Malley to herself December 18, 1897. The principal and controlling question upon the trial was whether the decree in the divorce action was a…
1Opinion of the CourtWinslow, J.
Two contentions are made by the .appellants: first, that the order of publication in the divorce action was *281void, and hence that no jurisdiction was obtained by the court in that action; and, second, that, even if jurisdiction to render judgment for divorce was obtained, still the court could not transfer the title to real estate when the only service upon the defendant was substituted service.
It seems entirely plain that, following the decision of this; court in Beaupre v. Brigham, 19 Wis. 436, the order of publication in this case was fatally defective, and hence that no jurisdiction was…
2Cases cited1 opinion
- Cody v. CodyWisconsin Supreme Court · 1898
3Cited by9 opinions
- Cowie v. StrohmeyerWisconsin Supreme Court · 1912
- Krumenacker v. AndisNorth Dakota Supreme Court · 1917
- Fischbeck v. MielenzWisconsin Supreme Court · 1916
- De Fyn v. PowerWisconsin Supreme Court · 1918
- German American Bank v. PowellWisconsin Supreme Court · 1904
4 more not listed; retrieve them via the Exa API.