Jarvis v. Barrett
Wisconsin Supreme Court
APPEALS from tlie Circuit Court for Dane County. These appeals were taken by the plaintiff from two orders of the circuit court, made respectively on the 10th and 15th of May, 1861. The nature ofthese orders, and the questions at issue, will appear from the opinion of' the -court. The writ of attachment is merely a provisional remedy, and the jurisdiction of the court in the action, and the validity of its judgment, do not depend upon the regularity or validity of that writ.
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APPEALS from tlie Circuit Court for Dane County. These appeals were taken by the plaintiff from two orders of the circuit court, made respectively on the 10th and 15th of May, 1861. The nature ofthese orders, and the questions at issue, will appear from the opinion of' the -court. The writ of attachment is merely a provisional remedy, and the jurisdiction of the court in the action, and the validity of its judgment, do not depend upon the regularity or validity of that writ. R. S., chap. 130, secs. 9, .23 — 28; Laws of 1859, chap. 101; Houghton vs. Ault, 16 How. Pr. R., 79, 82; Trueman vs.…
1Opinion of the Court
By e Court,
DrxoN, C. J.
Separate appeals from two orders of tbe circuit court in tbe same action, one setting aside a judgment wbicb bad been entered on default, and the other dismissing a writ of attacbment wbicb bad been irregularly issued. Tbe irregularities of tbe writ are not tbe subject of debate, and tbe important question presented is, whether, by tbe service of summons by publication pursuant to tbe statute, and without tbe seizure of property by valid process of attacbment, tbe courts of record of tbis state can acquire jurisdiction so as to pronounce a judgment against a…
2Cases cited2 opinions
- Fiske v. AndersonNew York Supreme Court · 1860
- Chase v. HillWisconsin Supreme Court · 1860
3Cited by24 opinions
- Forrester v. ForresterSupreme Court of Georgia · 1923
- Barber v. MorrisSupreme Court of Minnesota · 1887
- Bragg v. GaynorWisconsin Supreme Court · 1893
- Mabee v. McDonaldTexas Supreme Court · 1915
- Disconto Gesellschaft v. UmbreitWisconsin Supreme Court · 1906
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