Rahn v. Gunnison
Wisconsin Supreme Court
APPEAL from the County Court for Milwauhee County. . The nature of this case appears sufficiently from the opinion of the court. conten dec! that an appeal Jay from the order of the court denying the motion to vacate the judgment for irregularity in the summons (E. D. Smith, 349), and that the summons was irregular. 1 Code Rep., 118; 2 id., 75; 4 How. Pr.
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APPEAL from the County Court for Milwauhee County. . The nature of this case appears sufficiently from the opinion of the court. conten dec! that an appeal Jay from the order of the court denying the motion to vacate the judgment for irregularity in the summons (E. D. Smith, 349), and that the summons was irregular. 1 Code Rep., 118; 2 id., 75; 4 How. Pr. R, 154; 5 id., 233, 241. contended that the order did not involve the merits of the action or any part thereof, and cited 10 How. Pr. R., 89, and 4 id., 329.
1Opinion of the Court
By the Court,
Paine, J.
This action was commenced in the Milwaukee cownty court. This appeared on the face of the summons served, but it was irregularly attested in the *529name of tbe judge of tbe circuit court. Before tbe time for answering expired, tbe counsel for tbe defendant served notice of a motion to strike out tbe summons and complaint for this irregularity. But be obtained no order staying proceedings, and when tbe time for answering expired, judgment was regularly entered for want of an answer. Tbe motion to strike out tbe summons and complaint for irregularity was, afterwards brought…
2Cases cited2 opinions
- St. John v. WestNew York Supreme Court · 1850
- Tallman v. HinmanNew York Supreme Court · 1854
3Cited by14 opinions
- Mezchen v. MoreWisconsin Supreme Court · 1882
- Carpenter v. ShepardsonWisconsin Supreme Court · 1877
- Hammond-Chandler Lumber Co. v. Industrial CommissionWisconsin Supreme Court · 1916
- Oatman v. BondWisconsin Supreme Court · 1862
- Gilmer v. BirdSupreme Court of Florida · 1875
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