Sommermeyer v. Schwartz
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eau Claire county: W. F. Bailey, Circuit Judge. The defendants, Charles W. E. Sommermeyer, Lena Brimi, and Anna Huebner, were copartners, doing business under the firm name and style “ Boston One Price Clothing House.” The plaintiff was the wife of the defendant Sommermeyer. The appellant, Ca/roline Schwartz, was an intervening attaching creditor.
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Appeal from a judgment of the circuit court for Eau Claire county: W. F. Bailey, Circuit Judge. The defendants, Charles W. E. Sommermeyer, Lena Brimi, and Anna Huebner, were copartners, doing business under the firm name and style “ Boston One Price Clothing House.” The plaintiff was the wife of the defendant Sommermeyer. The appellant, Ca/roline Schwartz, was an intervening attaching creditor. The defendant firm became insolvent and failed, owing many and considerable debts, amounting to a large sum over and above the value of their assets. The plaintiff’s action is founded upon an account…
1Opinion of the CourtNewMAN, J.
The judgment roll Ayas competent eAddence of the plaintiff’s claim against the firm, notwithstanding it failed to show service of a summons. It must be presumed that a summons was duly ser\Ted. Where the record of a superior domestic court is silent upon the subject of the service of the process by which the court acquires jurisdiction of the defendant, it is presumed, in faAmr of the judgment, that laAAfful process was duly served. Ely v. Tallman, 14 Wis. 28; Freem. Judgm. (3d ed.), §§ 12A-132, and cases cited.
The plaintiff’s attachment was prior to the attachment by the appellant. Whether…
2Cases cited6 opinions
- Case v. . PhelpsNew York Court of Appeals · 1868
- Pike v. MilesWisconsin Supreme Court · 1868
- Smith v. Vodges, AssigneeSupreme Court of the United States · 1876
- Ely v. TallmanWisconsin Supreme Court · 1861
- Fisher v. LewisSupreme Court of Missouri · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Atlanta & Walworth Butter & Cheese Ass'n v. SmithWisconsin Supreme Court · 1910
- State Ex Rel. Delmoe v. District CourtMontana Supreme Court · 1935
- BLOUNT v. BlountMississippi Supreme Court · 1957
- Coleman v. TepelCourt of Appeals for the Third Circuit · 1916
- Home Bank v. BeckerWisconsin Supreme Court · 1970
8 more not listed; retrieve them via the Exa API.