Lower v. Wilson
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Plowman, Judge. Hon. A. J. Action by H. Grant Lower against James P. Wilson and others. There was a judgment for plaintiff, and defendant Wilson appeals. The facts are stated in the opinion. The summons was not legally served. Comp.
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Appeal from circuit court, Lawrence county. Plowman, Judge. Hon. A. J. Action by H. Grant Lower against James P. Wilson and others. There was a judgment for plaintiff, and defendant Wilson appeals. The facts are stated in the opinion. The summons was not legally served. Comp. Laws, §§4898, 4903; Mayer v. Griffin, 7 Wis. 82; Knox v. Miller. 18 Wis. 397; Rape v. Heaton, 9 Wis. 328; Northrup v. Shepard, 23 Wis. 513; Buildey v. Bulldey, 6 Abb. 307; Williams v. Yan Valkenburg, 16 How. 144. The appellant, by his general appearance, has waived the question of jurisdiction. Crary v. Barber, 1 Col. T.…
1Opinion of the CourtFuller, J.
The only service of the summons and complaint in this action upon the defendant James P. Wilson, a practicing attorney, was obtained on the 1st day of August, 1895, at his office, and in his absence, by delivering to and leaving with his clerk, Joseph W. Musgrave, copies thereof. After moving to vacate and set aside the summons and complaint upon the jurisdictional ground that the same had not been properly served, the defendants answered the complaint, and for a cause of action against plaintiff, interposed a counterclaim, upon which an affirmative judgment for 1235 was demanded. A trial to…
2Cases cited5 opinions
- Harkness v. HydeSupreme Court of the United States · 1879
- Read v. . FrenchNew York Court of Appeals · 1863
- Litchfield v. BurwellNew York Supreme Court · 1850
- Benedict v. JohnsonSouth Dakota Supreme Court · 1893
- Knox v. MillerWisconsin Supreme Court · 1864
3Cited by7 opinions
- Hunstock v. Estate Development Corp.California Supreme Court · 1943
- Receivers Middlesex Banking Co. v. Realty Investment Co.Supreme Court of Connecticut · 1926
- Boss v. HaganCourt of Appeals for the D.C. Circuit · 1919
- Morehart v. FurleySupreme Court of Minnesota · 1921
- Robinson v. GloverSouth Dakota Supreme Court · 1932
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