Heinemann v. Pier
Wisconsin Supreme Court
Appeal from a judgment and an order of the circuit court for Iron county: John K. Paeish, Circuit Judge. This is an action of ejectment. The summons and complaint were attempted to be served by a private person upon the 7th of September, 1898, by delivering the same to the-defendant’s daughter, Mrs. John H. Roemer.
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Appeal from a judgment and an order of the circuit court for Iron county: John K. Paeish, Circuit Judge. This is an action of ejectment. The summons and complaint were attempted to be served by a private person upon the 7th of September, 1898, by delivering the same to the-defendant’s daughter, Mrs. John H. Roemer. The following affidavit of service was made, and constitutes the only-proof of such service: “ Charles Friend, being first duly sworn, on oath deposes and says: That he is an attorney at law, duly admitted to Sractice in the state of Wisconsin, residing in the city of [ilwaukee, in…
1Opinion of the CourtWiNslow, J.
It seems very plain that there was no legal service of the summons in this case, and that the pretended service should have been set aside. The statute prescribes that the summons shall be served upon the defendant personally, or, if not found, “ by leaving a copy thereof at his usual place of abode in the presence of some one of the family of suitable age and discretion, who shall be informed of the contents thereof.” Stats. 1898, sec. 2636, subd. 4. Statutes dispensing with actual personal service of process must be strictly pursued. Pollard v. Wegener, 13 Wis. 569.
It is imperative that the…
2Cases cited3 opinions
- Pollard v. WegenerWisconsin Supreme Court · 1861
- Drake v. ScheunemannWisconsin Supreme Court · 1899
- Latimer v. Central Electric Co.Wisconsin Supreme Court · 1898
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- Axelrod v. Osage Oil & Refining Co.Court of Appeals for the Eighth Circuit · 1928
- Clemens v. District CourtSupreme Court of Colorado · 1964
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