First National Bank of Wausau v. Kromer
Wisconsin Supreme Court
Appeal from an order of tibie circuit court for Outagamie county; John Goodland, Circuit Judge. Judgment was entered in plaintiff’s favor by default before the clerk December 6, 1899. Tbe action was on contract for the recovery of money. All conditions precedent to'the entry of suck judgment were satisfied, save and except tire filing of proper proof of service of the summons on the defendants. The proof filed was made by a person not an officer, and was fatally defective.
Read the full summary
Appeal from an order of tibie circuit court for Outagamie county; John Goodland, Circuit Judge. Judgment was entered in plaintiff’s favor by default before the clerk December 6, 1899. Tbe action was on contract for the recovery of money. All conditions precedent to'the entry of suck judgment were satisfied, save and except tire filing of proper proof of service of the summons on the defendants. The proof filed was made by a person not an officer, and was fatally defective. Defendants appeared specially for the purpose only of setting aside the judgment as void. Pursuant to defendants’ motion…
1Opinion of the Court
Maesíiall, T.
The question here for solution is this: The trial court having vacated a judgment entered before its clerk under sec. 2891, Stats. 1898, as void because the proof of service of the summons upon the defendants, purporting to have been made by a person other than an officer, was insufficient; and such person having made a new proof of service, good in form, upon which a second judgment was entered before such clerk, which upon a contest before the court as to whether there was such service in fact, and as to vffiether, even if there was such service, the previous order of the court…
2Cases cited7 opinions
- Hart v. GodkinWisconsin Supreme Court · 1904
- Schoenleber v. BurkhardtWisconsin Supreme Court · 1896
- Watson v. City of AppletonWisconsin Supreme Court · 1885
- Castle v. City of MadisonWisconsin Supreme Court · 1902
- Hackett v. CarterWisconsin Supreme Court · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Paulsen v. GundersenWisconsin Supreme Court · 1935
- Holzinger v. Prudential Insurance Co. of AmericaWisconsin Supreme Court · 1936
- State ex rel. C. W. Fischer Furniture Co. v. DetlingWisconsin Supreme Court · 1938
- Kuder v. First Wisconsin Trust Co.Wisconsin Supreme Court · 1971
- United States Clothespin Co. v. Robertson Paper Co.Supreme Court of Vermont · 1927