Legal Opinion

Oelbermann v. Ide

Wisconsin Supreme Court

Decided September 22, 1896PublishedCited by 5 opinions

Appeal from a judgment of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. The parties to the original action, and the garnishee action as well, were nonresidents. Personal service was obtained on the garnishee defendants in this state. Service was obtained on the defendant in the principal action by publication. The complaint was verified in New York before S. Steinhammer, who signed as commissioner of the state of Wisconsin for New York.

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Appeal from a judgment of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. The parties to the original action, and the garnishee action as well, were nonresidents. Personal service was obtained on the garnishee defendants in this state. Service was obtained on the defendant in the principal action by publication. The complaint was verified in New York before S. Steinhammer, who signed as commissioner of the state of Wisconsin for New York. A seal of office was impressed upon the paper, made by an engraved seal containing words as follows: “ S. Steinhammer, Commissioner…

1Opinion of the CourtMaRshall, J.

If the judgment in the principal action is void for want of jurisdiction of the court to enter it, then the judgment appealed from must be reversed. It is claimed on the part of appellant that such is the case, because the verification to the complaint was insufficient to support the-order for service by publication, in that it purports to have been made in Hew York before a commissioner of deeds for *672this state, and that his official character was not authenticated by an official seal; that though a seal was impressed on the paper, containing the words, “S. Steinhammer, Commissioner for in…

2Cases cited10 opinions

  1. Pierce v. IndsethSupreme Court of the United States · 1883
  2. Cummings v. TaborWisconsin Supreme Court · 1884
  3. Witt v. MeyerWisconsin Supreme Court · 1887
  4. Manning v. HeadyWisconsin Supreme Court · 1885
  5. Fellows v. President of MenashaWisconsin Supreme Court · 1860

5 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Ex Parte JonesCourt of Criminal Appeals of Oklahoma · 1923
  2. Sheridan County v. McKinneyNebraska Supreme Court · 1907
  3. Kronglaski v. StateWisconsin Supreme Court · 1936
  4. Opinion No. Oag 78-77, (1977), Wisconsin Attorney General Reports1977
  5. Rollins v. Maxwell Bros.Wisconsin Supreme Court · 1906

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