Maxcy v. McCord
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Bayfield county: Johet K. Pabish, Circuit Judge. Action on tax deed to bar former owners against appellant, McCord, and Ogilvie. The latter was served personally in ’Wisconsin. The appellant, being nonresident, was personally served in Idaho, pursuant to order for service outside the state. Judgment was hy default that W. Id.
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Appeal from a judgment of the circuit court for Bayfield county: Johet K. Pabish, Circuit Judge. Action on tax deed to bar former owners against appellant, McCord, and Ogilvie. The latter was served personally in ’Wisconsin. The appellant, being nonresident, was personally served in Idaho, pursuant to order for service outside the state. Judgment was hy default that W. Id. McGorcT and S. C. Ogilvie, and all persons claiming under them, “be,. and they are hereby, forever barred from all right [in described lands], and that the plaintiff have his costs and disbursements in this action, taxed at…
1Opinion of the CourtDodge, J.
Appellant insists that, having been served with process only outside its territorial jurisdiction, the court had no jurisdiction of his person to enable it to render a money judgment against him for costs. This is undoubtedly correct. Pennoyer v. Neff, 95 U. S. 714, 24 L. Ed. 565; Jarvis v. Barrett, 14 Wis. 591; Moyer v. Koontz, 103 Wis. 22, 24, 79 N. W. 50; Zimmerman v. Gerdes, 106 Wis. 608, 82 N. W. 532. We fail, however, to find any personal judgment against the appellant in the record. The judgment ■quoted in the statement of facts merely declares that the plaintiff shall have the…
2Cases cited4 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Moyer v. KoontzWisconsin Supreme Court · 1899
- Jarvis v. BarrettWisconsin Supreme Court · 1861
- Zimmerman v. GerdesWisconsin Supreme Court · 1900
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- Will of Corse v. Manufacturers National Bank of RacineWisconsin Supreme Court · 1928
- Wyman v. Trustees of Westminster Presbyterian ChurchSupreme Court of Minnesota · 1936
- Riley v. State Bank of De PereWisconsin Supreme Court · 1936
- Sheehan v. MatthewWisconsin Supreme Court · 1951