Johnson v. Turnell
Wisconsin Supreme Court
Appeal from a judgment of tbe superior court of Douglas county: Chas. Smith, Judge. Tbe action was commenced in justice’s court. Erom a judgment in favor of defendant on bis plea of tbe statute of limitations, plaintiff appealed to tbe superior court. Tbe case was tried there without a jury. Tbe justice’s docket entry showed that the summons was issued December 1, 1900, and served December 3, 1900, on one of the defendants and on tbe other the day following.
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Appeal from a judgment of tbe superior court of Douglas county: Chas. Smith, Judge. Tbe action was commenced in justice’s court. Erom a judgment in favor of defendant on bis plea of tbe statute of limitations, plaintiff appealed to tbe superior court. Tbe case was tried there without a jury. Tbe justice’s docket entry showed that the summons was issued December 1, 1900, and served December 3, 1900, on one of the defendants and on tbe other the day following. The return of the officer who served the summons was in harmony therewith. Evidence was permitted showing such facts, and showing or…
1Opinion of the CourtMaeshall, J.
It will appear from the foregoing statement that, if the question, of whether the paper purporting to he a summons was placed in the hands of the officer for service thereof upon the respondents, and was a legal summons so that jurisdiction was obtainable by the service of the ostensible summons, was open to investigation by parol evidence, and the question upon such evidence was properly decided in favor of respondents, the statutory bar to the action upon the note was complete before anything occurred to interrupt it, and the judgment must be affirmed regardless of any other question…
2Cases cited10 opinions
- Rape v. HeatonWisconsin Supreme Court · 1859
- Pollard v. WegenerWisconsin Supreme Court · 1861
- Sherry v. GilmoreWisconsin Supreme Court · 1883
- St. Sure v. LindsfeltWisconsin Supreme Court · 1892
- Veeder v. Town of LimaWisconsin Supreme Court · 1865
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3Cited by3 opinions
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