Lindauer v. Clifford
Wisconsin Supreme Court
APPEAL from the Circuit Court for Portage County. Eor the appellant it was argued, 1. That, in the absence of any personal service of the summons, the clerk was not authorized to enter a judgment (Tay. Stats., 1501, § 32, subd. 1; Moyer v. Gooh, 12 "Wis., 335; Wadsworth v. Willard, 22 id., 238); and that the judgment entered was not merely irregular, but void.
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APPEAL from the Circuit Court for Portage County. Eor the appellant it was argued, 1. That, in the absence of any personal service of the summons, the clerk was not authorized to enter a judgment (Tay. Stats., 1501, § 32, subd. 1; Moyer v. Gooh, 12 "Wis., 335; Wadsworth v. Willard, 22 id., 238); and that the judgment entered was not merely irregular, but void. The power granted .to the-clerk is of doubtful constitutionality at best ( Wells v. Morton, 10 "Wis., 468), and must be strictly construed and pursued. Files v. Robinson, 30 Ark., 487. It is sustained only on the ground that tbe clerk,…
1Opinion of the CourtCole, J.
This action upon a promissory note was commenced on the 11th of January, 1878, by service of summons *599and verified complaint, by leaving copies thereof with defendant’s wife at bis place of abode, the defendant not being found. On the 21st day of the same month, the defendant entered a general appearance in the action by attorney. On the 4th of February following, one of the attorneys for the plaintiffs made and filed the usual affidavit, that more than twenty days had elapsed since service of the summons and complaint, and that no answer or demurrer had been served by defendant; and thereupon…
2Cases cited1 opinion
- Trumbull v. PeckWisconsin Supreme Court · 1863
3Cited by4 opinions
- Egan v. SengpielWisconsin Supreme Court · 1879
- Federal Land Bank v. OlsonWisconsin Supreme Court · 1941
- Brace v. StacyWisconsin Supreme Court · 1882
- Stark v. Huber Manufacturing Co.Wisconsin Supreme Court · 1907