Northrup v. Shephard
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rock County. The action was against Shephard and one Willis, upon promissory notes. The summons filed was in the form usual in such actions. The sheriff's original return showed service upon Shephard by leaving a copy of the summons and complaint at his residence, with a person of suitable age and discretion, but did not show that Shephard himself could not he found in the county.
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APPEAL from the Circuit Court for Rock County. The action was against Shephard and one Willis, upon promissory notes. The summons filed was in the form usual in such actions. The sheriff's original return showed service upon Shephard by leaving a copy of the summons and complaint at his residence, with a person of suitable age and discretion, but did not show that Shephard himself could not he found in the county. A judgment against both defendants was set aside, as to Shephard, on that ground; and the order was affirmed on appeal to this court. 23 Wis. 513. Afterwards the sheriff’s return…
1Opinion of the CourtDixon, C. J.
It is unnecessary to consider here whether the service upon the defendant Shephard was good or not, or whether the court acquired jurisdiction over his person by virtue of the process alone, since a fact is made known by this record which did not appear when the cause was here on the former appeal. 23 Wis. 513. The record now shows that there was an appearance on the part of the defendant within five days after the service of the summons and complaint. He appeared in the action by his attorneys, *222and moved to set aside the complaint. The motion was regularly served and noticed, and on the day…
2Cases cited3 opinions
- Sayles v. DavisWisconsin Supreme Court · 1867
- Moyer v. CookWisconsin Supreme Court · 1860
- Northrup v. ShephardWisconsin Supreme Court · 1868
3Cited by4 opinions
- Egan v. SengpielWisconsin Supreme Court · 1879
- Bitter v. Gold Creek Mining Co.Wisconsin Supreme Court · 1937
- McConkey v. McCraneyWisconsin Supreme Court · 1888
- Delaware, Lackawanna & Western Railroad v. SalmonSupreme Court of New Jersey · 1877