Reichert v. Lonsberg
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. , Plaintiffs sued Lonsberg and another as partners upon an account stated for goods sold and delivered. The complaint was verified by one Wolfman as agent of the plaintiffs, who stated in the verification that the complaint was true of his own knowledge, but did not state what knowledge he had of the facts.
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APPEAL from the Circuit Court for Grant County. , Plaintiffs sued Lonsberg and another as partners upon an account stated for goods sold and delivered. The complaint was verified by one Wolfman as agent of the plaintiffs, who stated in the verification that the complaint was true of his own knowledge, but did not state what knowledge he had of the facts. The summons and complaint were attempted to be served on Lonsberg, August 2, 1893, but the return is entirely defective, and fails to show service, for reasons unnecessary to be stated. On the 21st of August, 1893, the defendant Lonsberg…
1Opinion of the CourtWinslow, J.
The verification of the complaint was insufficient. The agent who attempted to verify it did not *545state what knowledge he had of the facts. It could, therefore, be treated as unverified, and an answer could be put in without oath. Crane v. Wiley, 14 Wis. 658. The defendant’s unverified answer was therefore properly served, and there was no default when judgment as for default was entered. Thus the judgment was entirely unauthorized, and must be reversed. Maxwell v. Jarvis, 14 Wis. 506.
We were strongly urged to hold that relief should first be sought by application to the circuit court, instead…
2Cases cited3 opinions
- Crane v. WileyWisconsin Supreme Court · 1861
- Dawson v. MeadWisconsin Supreme Court · 1888
- Maxwell v. JarvisWisconsin Supreme Court · 1861
3Cited by1 opinion
- Dufur v. Ashland CountyWisconsin Supreme Court · 1894