Mariner v. Town of Waterloo
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. The action was brought upon two judgments recovered against the defendairt town, one in the circuit court of Jefferson county, February 10, 1880, and the other in the United States circuit court for the western district of Wisconsin, September 2,1878. The defendant made no appearance to the action; and on September 26, 1888, judgment by default was entered against it for $60,215.02. The return of the sheriff to the summons…
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APPEAL from the Circuit Court for Jefferson County. The action was brought upon two judgments recovered against the defendairt town, one in the circuit court of Jefferson county, February 10, 1880, and the other in the United States circuit court for the western district of Wisconsin, September 2,1878. The defendant made no appearance to the action; and on September 26, 1888, judgment by default was entered against it for $60,215.02. The return of the sheriff to the summons issued in 'the action is as follows: “ State of Wisconsin, County of Jefferson— ss.; I, John D. Bullock, sheriff of said…
1Opinion of the CourtLyoN, J.
The affidavits read on the hearing of the motion to vacate the sheriff’s return and judgment, show conclusively that neither of the persons upon whom the summons was served was at that time the town clerk of the defendant town, either de jure or de facto, or the acting clerk thereof. This is scarcely controverted. It is unnecessary to state the contents of the affidavits more specifically for the reason that the return itself fails to show an effectual service of the summons. The statute requires that in an action against a town such service shall be made by delivering a copy of the summons…
2Cases cited6 opinions
- Amy v. WatertownSupreme Court of the United States · 1889
- Salter v. HilgenWisconsin Supreme Court · 1876
- Landon v. BurkeWisconsin Supreme Court · 1873
- City of Watertown v. RobinsonWisconsin Supreme Court · 1887
- Goodyear Rubber Co. v. KnappWisconsin Supreme Court · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Erickson v. . MacYNew York Court of Appeals · 1923
- Karns v. State Bank & Trust Co.Nevada Supreme Court · 1909
- Moulton v. WilliamsWisconsin Supreme Court · 1898
- Rhode v. Quinn Construction Co.Wisconsin Supreme Court · 1935
- Campbell v. CoulstonNorth Dakota Supreme Court · 1910