Alderson v. White
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Ioioa County. This action was brought in said county to foreclose a mortgage given by tbe defendants John and Grace White to secure tbe payment of theij: note.
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APPEAL from tbe Circuit Court for Ioioa County. This action was brought in said county to foreclose a mortgage given by tbe defendants John and Grace White to secure tbe payment of theij: note. Upon tbe summons was endorsed a certificate (not upon oath) purporting to be made by one Francis Campbell, sheriff of La Fayette county, stating that on the 13th of October, 1869, he served said summons on the defendants John and Grace White, “ at the residence of the defendants at Mifflin, Iowa county, * * * by delivering to and leaving with Albert White, a son of the above named defendants and a…
1Opinion of the CourtDixON, C. J.
This case is ruled by those of Grantier v. Rosecrance, 27 Wis., 488, and Anderson v. Cohurn, id., 588. In the former it was held that a motion to set aside a judgment on the ground that the complaint did not state a cause of action, was a general appearance, aiid waived any defect in the service of summons, although the notice of motion stated that the defendant appeared “ specially ” for the purpose of setting aside the judgment, and although such defective service was also assigned as a ground for the motion. In the latter it was decided that where a defendant, not duly served with process…
2Cases cited2 opinions
- Grantier v. RosecranceWisconsin Supreme Court · 1871
- Sayles v. DavisWisconsin Supreme Court · 1867
3Cited by21 opinions
- St. Louis & San Francisco Railroad v. HaleTexas Supreme Court · 1918
- Security Loan & Trust Co. v. Boston & South Riverside Fruit Co.California Supreme Court · 1899
- Yorke v. YorkeNorth Dakota Supreme Court · 1893
- Gilbert-Arnold Land Co. v. O'HareWisconsin Supreme Court · 1896
- Corbett v. Physicians' Casualty Ass'n of AmericaWisconsin Supreme Court · 1908
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