Closson v. Chase
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Oconto county: W. B. QuiNlaN, Circuit Judge. Proceeding to set aside a service by publication and tbe proceedings and judgment based thereon and obtain a dismissal of tbe action in wbicli such service was made. Tbe alleged defective service .was made by publication. Tbe summons was issued some time prior to January 8, 1906, and delivered to tbe sheriff for service.
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Appeal from an order of tbe circuit court for Oconto county: W. B. QuiNlaN, Circuit Judge. Proceeding to set aside a service by publication and tbe proceedings and judgment based thereon and obtain a dismissal of tbe action in wbicli such service was made. Tbe alleged defective service .was made by publication. Tbe summons was issued some time prior to January 8, 1906, and delivered to tbe sheriff for service. ITe made due return January 8, 1906, showing failure to make the service and tbe reasons. Tbe paper with tbe return was duly filed January 16, 1906. An affidavit of tbe sheriff appears…
1Opinion of the Court
Markt-tat/t., J.
This proceeding was instituted, as indicated in-the statement, to deprive appellant of the fruits of his judgment for some over $5,000. It may well be that if *349respondent succeeds, appellant will lose that sum, respondent will be correspondingly enriched, -though justly owing the -debt, and justice will be defeated by failure of the attorney to follow the words of the statute in making the verification. Respondent, though he delayed for nearly sis years to complain, thus luring appellant into security, would thereby escape payment of his just debt upon a technicality, pure and…
2Cases cited15 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Jarvis v. BarrettWisconsin Supreme Court · 1861
- Bonnell v. GrayWisconsin Supreme Court · 1875
- Cummings v. TaborWisconsin Supreme Court · 1884
- Frisk v. ReigelmanWisconsin Supreme Court · 1890
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3Cited by4 opinions
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- Schultz v. SchultzWisconsin Supreme Court · 1949
- Hecht v. ChaseWisconsin Supreme Court · 1914