Carr v. Commercial Bank of Racine
Wisconsin Supreme Court
APPEAL from the Circuit Court for Hacine County. Action against the defendant as indorser of a note. The sheriff’s return indorsed upon the summons and complaint, certified that he served the same upon the defendant on the 28th of December, 1861, “by delivering to and leaving a true copy thereof with Henry S. Durand, the president of said bank. ’ ’ Judgment was taken against the defendant, by default, on the 4th of February, 1862 ; and in April following, the defendant moved…
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APPEAL from the Circuit Court for Hacine County. Action against the defendant as indorser of a note. The sheriff’s return indorsed upon the summons and complaint, certified that he served the same upon the defendant on the 28th of December, 1861, “by delivering to and leaving a true copy thereof with Henry S. Durand, the president of said bank. ’ ’ Judgment was taken against the defendant, by default, on the 4th of February, 1862 ; and in April following, the defendant moved the court to set the judgment aside, upon affidavits of Henry S. Durand and another person, which stated that said…
1Opinion of the Court
By the Court,
Cole, J.
It can hardly be necessary to go into an examination of the general doctrine as to how far a court may properly go, in inquiring into the existence of juris*52dictional matters in an action, upon a judgment, or where the question, arises in some collaleral proceeding, after the recent decisions of this court upon that subject. In Rape v. Heaton, 9 Wis., 329, the matter is very fully considered. That was an action upon a judgment of another state, and in considering the question as to how far the judgment was conclusive upon the parties to the suit, it -was held, that in…
2Cases cited2 opinions
- Pollard v. WegenerWisconsin Supreme Court · 1861
- Wanzer v. HowlandWisconsin Supreme Court · 1859
3Cited by21 opinions
- Hollinger v. HollingerSupreme Court of Pennsylvania · 1965
- Dubois v. ClarkColorado Court of Appeals · 1898
- Bond v. WilsonSupreme Court of Kansas · 1871
- Nuttallburg Smokeless Fuel Co. v. First National BankWest Virginia Supreme Court · 1921
- Jordan v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1905
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