Weis v. Schoerner
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action against Adam Schoemer and wife to foreclose a mortgage executed by them to the plaintiff, on a certain lot in the city of Milwaukee, to secure the payment of a note made by the defendant Adam to the plaintiff.
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APPEAL from the Circuit Court for Milwaukee County. Action against Adam Schoemer and wife to foreclose a mortgage executed by them to the plaintiff, on a certain lot in the city of Milwaukee, to secure the payment of a note made by the defendant Adam to the plaintiff. The only proof of service of the summons upon the defendants found in the record, is the foil owing affidavit: “ State of Wisconsin, Milwaukee County — ss.: Oscar J. Fiebing, being duly sworn, on oath deposes and says that he made due service of the complaint and summons in the within action upon Adam Schoemer the 13th day of…
1Opinion of the CourtLyon, J.
The affidavit of service of the summons upon the defendants fails to state the place of service, as required by the statute. E. S., 723, sec. 2642, subd. 2. Because of this omission the circuit court had no jurisdiction to render judgment by default against the defendantsi ' Sayles v. Davis, 20 Wis., 302; Matteson v. Smith, 37 Wis., 333; Hall v. Graham, 49 Wis., 553. It is claimed, however, on behalf of the plaintiff, that in certain proceedings taken on behalf of .thede-fendants, after a sale of the mortgaged premises pursuant to the judgment, to stay proceedings on a writ of assistance, the…
2Cases cited4 opinions
- Sayles v. DavisWisconsin Supreme Court · 1866
- Latimer v. MorrainWisconsin Supreme Court · 1877
- Matteson v. SmithWisconsin Supreme Court · 1875
- Hall v. GrahamWisconsin Supreme Court · 1880
3Cited by7 opinions
- Miami Copper Co. v. StrohlArizona Supreme Court · 1913
- Reed v. City of MadisonWisconsin Supreme Court · 1893
- Morris v. NilesWisconsin Supreme Court · 1886
- Leary v. LearyWisconsin Supreme Court · 1887
- Zimmerman v. GerdesWisconsin Supreme Court · 1900
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