Reed v. Catlin
Wisconsin Supreme Court
APPEALS from the Circuit Court for Pierce County. The defendant appealed from j udgments of foreclosure. The case is stated in the opinion. 1. The affidavit of service is fatally defective in that it fails to show the time of such service.
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APPEALS from the Circuit Court for Pierce County. The defendant appealed from j udgments of foreclosure. The case is stated in the opinion. 1. The affidavit of service is fatally defective in that it fails to show the time of such service. Pollcúrd v. Wegener, 13 Wis., 569; Knox v. Miller, 18 id., 397; Sayles v. Davis, 20 id., 302: Northrujp v. Shejphard, 23 id., 513; Grander v. Poseoranoe, 27 id., 4S8; Matteson v. Smith, 37 id., 333. 2. The order of reference was made, and the judgment rendered, without due proof of appellaut’s default. See. 2891, R. S., requires such proof to be made ami…
1Opinion of the CourtLtojt, J.
Each of these actions was brought to foreclose a mortgage executed by the defendant Catlin to the plaintiff; *689and the usual judgment of foreclosure was rendered therein. Catlin made default in both cases, and has appealed from both judgments. The errors assigned for the reversal of the judgments will be considered in their order.
1. The summons and complaint in each action was personally served on the defendant Catlin by a person other than the sheriff, who made an affidavit of such service in each case.
First. In one of the cases the affidavit of service is indorsed upon the summons, and…
2Cases cited4 opinions
- Tallman v. TruesdellWisconsin Supreme Court · 1854
- Boyd v. SumnerWisconsin Supreme Court · 1859
- Burns v. DoyleWisconsin Supreme Court · 1871
- Hitchcock v. MerrickWisconsin Supreme Court · 1862
3Cited by7 opinions
- Graves v. BurchWyoming Supreme Court · 1919
- First National Bank of Stillwater v. LarsenWisconsin Supreme Court · 1884
- Schmidt v. StolowskiWisconsin Supreme Court · 1905
- Schroeder v. RichardsonWisconsin Supreme Court · 1899
- Spengler v. HahnWisconsin Supreme Court · 1897
2 more not listed; retrieve them via the Exa API.