Slocum v. Slocum
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Kenosha County. Tbe plaintiff obtained from a court commissioner an order for tbe service by publication of tbe summons in tbis action, upon an affidavit wbicb stated tbat tbe defendant could not, after due diligence, be found in tbis state, and was not a resident thereof, but of tbe state of New York, and tbat tbe action was for an accounting between tbe parties, and to remore a cloud from tbe plaintiff’s title to certain real estate; and…
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APPEAL from tbe Circuit Court for Kenosha County. Tbe plaintiff obtained from a court commissioner an order for tbe service by publication of tbe summons in tbis action, upon an affidavit wbicb stated tbat tbe defendant could not, after due diligence, be found in tbis state, and was not a resident thereof, but of tbe state of New York, and tbat tbe action was for an accounting between tbe parties, and to remore a cloud from tbe plaintiff’s title to certain real estate; and tbat tbe defendant claimed to bold said real estate under a marshal’s sale upon execution, and tbe plaintiff claimed tbat…
1Opinion of the Court
By the Court,
DixoN, O. J.
Tbe ^affidavit to obtain tbe order *151for publication is defective in not showing that a cause of action exists against tbe defendant. To authorize service by publication and deposit in tbe post office, it must appear by affidavit not only tbat tbe person on whom service is to be made cannot, after due diligence, be found within tbe state, but it shall in like manner appear that a cause of action exists against the defendant in respect to whom the service is to he made, . or that he is a necessary or proper party to an action relating to real property in this state. R.…
2Cited by8 opinions
- Atkins v. AtkinsNebraska Supreme Court · 1879
- Cummings v. TaborWisconsin Supreme Court · 1884
- Nelson v. RountreeWisconsin Supreme Court · 1868
- Claypoole v. HoustonSupreme Court of Kansas · 1873
- Fouts v. MannNebraska Supreme Court · 1883
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