Pfister v. Smith
Wisconsin Supreme Court
Appeal from an order of the superior court of Milwaukee county: J. C. Ludwig-, Judge. The action was commenced January 20, 1896, to recover upward of $47,000, alleged to be due for money loaned to the defendants as partners.
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Appeal from an order of the superior court of Milwaukee county: J. C. Ludwig-, Judge. The action was commenced January 20, 1896, to recover upward of $47,000, alleged to be due for money loaned to the defendants as partners. Pursuant to an order regularly made on the 21st day of January, 1896, by a court commissioner for Milwaukee county, the summons and complaint were personally served on the defendants at Boston, in the state of Massachusetts, on the 23d day of January, 1896. The property of defendants, situated in this state, was duly attached by proper proceedings in the case, January 20,…
1Opinion of the CourtMaeshall, J.
The first question raised on this appeal is, Has a court commissioner power to grant an order for the service of a summons by publication, or, in lieu thereof, service without the state, under sec. 2640, R. S. ? That provides that such an order may be made by the court or a judge thereof» Sec. 2815, S. & E. Ann. Stats., provides that “ where these statutes authorize an order or proceeding to be. made or taken by the presiding judge, or by the circuit judge, using such words of designation, no county judge or court commissioner can act. Except as so provided, or otherwise expressly directed in…
2Cases cited4 opinions
- Seymour v. Board of SupervisorsWisconsin Supreme Court · 1876
- Clark v. BergenthalWisconsin Supreme Court · 1881
- Dikeman v. StruckWisconsin Supreme Court · 1890
- Jefferson County Bank v. RobbinsWisconsin Supreme Court · 1886
3Cited by4 opinions
- Farmington Mutual Fire Insurance v. GerhardtWisconsin Supreme Court · 1934
- Stoll v. PearlWisconsin Supreme Court · 1904
- State Ex Rel. Nevada Douglass Gold Mines, Inc. v. District Court of Seventh Judicial DistrictNevada Supreme Court · 1929
- Pfister v. Graton & Knight Manufacturing Co.Wisconsin Supreme Court · 1897