Knox v. Miller

Wisconsin Supreme Court

Knox v. Miller

18 Wis. 397

CourtWisconsin Supreme Court

DecidedJune 15, 1864

StatusPublished

Cited by6 cases

This text of 18 Wis. 397 (Knox v. Miller) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Knox v. Miller, 18 Wis. 397 (Wis. 1864).

Pincite

Opinion

By the Court,

Dixon, C. J.

The judgment must be reversed. The record shows no sufficient service of the summons. Service by leaving a copy at the usual place of abode of the defendant is only authorized when he cannot be found so as to be personally served. R. S., ch. 124, sec. 9. It should appear from the affidavit or return of service that the defendant could not be found, otherwise the court acquires no jurisdiction. Pollard v. Wegener, 13 Wis., 569; Rape v. Heaton, 9 Wis., 328.

Judgment reversed.

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By the Court,

Dixon, C. J.

The judgment must be reversed. The record shows no sufficient service of the summons. Service by leaving a copy at the usual place of abode of the defendant is only authorized when he cannot be found so as to be personally served. R. S., ch. 124, sec. 9. It should appear from the affidavit or return of service that the defendant could not be found, otherwise the court acquires no jurisdiction. Pollard v. Wegener, 13 Wis., 569; Rape v. Heaton, 9 Wis., 328.

Judgment reversed.

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Bluebook (online)

18 Wis. 397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knox-v-miller-wis-1864.

Opinion

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