Likens v. McCormick
Wisconsin Supreme Court
APPEAL from the Circuit Court for Iowa County. Action to recover a balance alleged to be due upon an open account from the defendants, G. H. and L. J. MoOormich, residents of Illinois, to the plaintiff, who is a resident of this state. Service was attempted to be had upon defendants by publication, the facts concerning which appear in the opinion.
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APPEAL from the Circuit Court for Iowa County. Action to recover a balance alleged to be due upon an open account from the defendants, G. H. and L. J. MoOormich, residents of Illinois, to the plaintiff, who is a resident of this state. Service was attempted to be had upon defendants by publication, the facts concerning which appear in the opinion. Plaintiff having taken judgment by default, defendants subsequently appeared by attorney for the sole purpose of moving, upon affidavits and the papers on file, to set the judgment aside. The court made an order setting aside the judgment, and…
1Opinion of the CourtRyaN, C. J.
Tbe respondents appeared below specially for tbe purpose only of moving to vacate tbe judgment, evidently on tbe ground that tbe court bad not acquired jurisdiction over them. Tbe peculiarity of tbe case is, that, on this motion, tbe court below not only vacated tbe judgment, but set a time for tbe respondents to answer, and ordered tbe costs to abide tbe event of tbe cause; presumably assuming jurisdiction, and proceeding on tbe ground of irregularity. Tbe respondents have not appealed from this part of the order, and must be taken as submitting to it. We think that tbe order, so submitted…
2Cases cited5 opinions
- Blackburn v. SweetWisconsin Supreme Court · 1875
- Jarvis v. BarrettWisconsin Supreme Court · 1861
- Ruthe v. Green Bay & Minnesota RailroadWisconsin Supreme Court · 1875
- Kellam v. TomsWisconsin Supreme Court · 1875
- Heidenheim v. SpragueWisconsin Supreme Court · 1856
3Cited by11 opinions
- Dennison v. TaylorIllinois Supreme Court · 1892
- Cummings v. TaborWisconsin Supreme Court · 1884
- Dennison v. BlumenthalAppellate Court of Illinois · 1890
- Wylly v. Sanford Loan & Trust Co.Supreme Court of Florida · 1902
- State ex rel. Stevens v. GrimmWisconsin Supreme Court · 1927
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