Zimmerman v. Gerdes
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Marathon county; Chas. Y. BaedbeN, Circuit Judge. Appeal by the defendant from judgment of foreclosure taken against him upon default, the error alleged being that the judgment was entered without jurisdiction.
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Appeal from a judgment of the circuit court for Marathon county; Chas. Y. BaedbeN, Circuit Judge. Appeal by the defendant from judgment of foreclosure taken against him upon default, the error alleged being that the judgment was entered without jurisdiction. The proof of service was an affidavit by one John Pugh — not an officer. — That at a proper date he served the summons and complaint upon the appellant by delivering to and leaving with him copies, which affidavit, however, wholly failed to state where the service was made. No appearance was made by the appellant, unless by serving a…
1Opinion of the CourtDodge, J.
The default judgment was, under numerous decisions by this court, rendered without jurisdiction. Personal service, in order to give jurisdiction, must bé made within the state of Wisconsin, and the fact that service was so made is an essential element of the proof of service required for the entry of judgments by default by sec. 2891, Stats. 1898. Sayles v. Davis, 20 Wis. 302; Weis v. Schoerner, 53 Wis. 72.
The respondent contends, however, that inasmuch as the defect is merely one of jurisdiction over the person of the defendant it can be waived by him, and that his general appeal from the…
2Cases cited10 opinions
- Sayles v. DavisWisconsin Supreme Court · 1866
- Likens v. McCormickWisconsin Supreme Court · 1876
- Matteson v. SmithWisconsin Supreme Court · 1875
- Dikeman v. StruckWisconsin Supreme Court · 1890
- Hall v. GrahamWisconsin Supreme Court · 1880
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Doyle v. WillcocksonSupreme Court of Iowa · 1918
- Schmidt v. StolowskiWisconsin Supreme Court · 1905
- Lausten v. LaustenSupreme Court of Oklahoma · 1916
- Rockman v. AckermanWisconsin Supreme Court · 1901
- Spencer v. OsbergWisconsin Supreme Court · 1913
2 more not listed; retrieve them via the Exa API.