Sueterlee v. Sir
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. The defendant appealed from a judgment in favor of . the plaintiff. The grounds of appeal will appear from the opinion. to the point that the affidavit for publication of summons must state facts showing a cause of action, cited Slocum v. Slocum, 17 Wis. 150 (151); Rankin v. Adams, 15 id. 292 (294); R. S. ch. 124, § 10. To the point that the affidavit must state facts, showing that diligence has been used to find defendant in…
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APPEAL from the County Court of Milwaukee County. The defendant appealed from a judgment in favor of . the plaintiff. The grounds of appeal will appear from the opinion. to the point that the affidavit for publication of summons must state facts showing a cause of action, cited Slocum v. Slocum, 17 Wis. 150 (151); Rankin v. Adams, 15 id. 292 (294); R. S. ch. 124, § 10. To the point that the affidavit must state facts, showing that diligence has been used to find defendant in the state, he cited Wortman v. Workman, 17 Abb. 67 (71). to the point that the order of publication was evidence of the…
1Opinion of the CourtCole, J.
A number of objections are taken to the judgment in this case. It is said that the county court *358never acquired jurisdiction of the defendant. The summons was served by publication, a copy of the summons and of the complaint being sent to the defendant by mail. It is claimed that the affidavit for the order of publication is defective in some particulars. One is, that it does not show that any effort was made to find the defendant within the state. The affidavit states that the defendant could not “with due diligence be found within the state;” that he resided at Chicago, Ill., and was not a…
2Cases cited1 opinion
- Farmers' & Millers' Bank of Milwaukee v. EldredWisconsin Supreme Court · 1865
3Cited by6 opinions
- Schmidt v. StolowskiWisconsin Supreme Court · 1905
- Clarke v. Shoshoni Lumber Co.Wyoming Supreme Court · 1924
- Rehmstedt v. BriscoeWisconsin Supreme Court · 1882
- Slocum v. McLarenSupreme Court of Minnesota · 1909
- State v. RoachWisconsin Supreme Court · 1928
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