Hafern v. Davis
Wisconsin Supreme Court
ERROR TO CIRCUIT COURT, DODGE COUNTY. This was an action commenced by Sally Ann Davis, 17 years of age, by her father Harry Dayis, against Martin Haf-ern, for damages for breach of promise of marriage. The petition of the plaintiff is signed by herself and sworn to, and the father consented to serve, and the order appointing him is signed by the circuit judge.
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ERROR TO CIRCUIT COURT, DODGE COUNTY. This was an action commenced by Sally Ann Davis, 17 years of age, by her father Harry Dayis, against Martin Haf-ern, for damages for breach of promise of marriage. The petition of the plaintiff is signed by herself and sworn to, and the father consented to serve, and the order appointing him is signed by the circuit judge. The summons, being in the usual form, was returned by the sheriff, that by diligent search he could not find the defendant in the county. The attorney for the plaintiff then made an application for an order of publication of the…
1Opinion of the Court
By the Court,
Dixon, C. J.
The judgment in this case cannot be reversed for any irregularity in the appointment of the next friend of the defendant in error. By our statute of jeofails, as it existed prior to the repeal of the statutes of 1849, such defect was cured by verdict or judgment in favor of the infant. Sub. 7, sec. 7, chap. 100, Revised Statutes of 1849. 'Our present statute is much more broad and liberal. All objections not going to the merits of the action or defence, seem to be swept out of existence. Section 40, of chapter 125, provides: K the court shall, in every stage of an…
2Cited by10 opinions
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