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49 Wis. 553

Hall v. Graham

Wisconsin Supreme Court

Decided May 27, 1880

Wisconsin Supreme Court · decided 1880-05-27

The verified complaint in this case alleges that defendant was indebted to plaintiff in the sum of $490.40, “balance due upon a-mutual and open account current;” and. demands judgment against him for that amount with interest thereon from January 1, 1879, and for costs, etc. Annexed to the complaint on file is the summons in due form, except that the sum for which judgment would be taken (exclusive of interest and costs) was left blank, and that the post-office address of…

Good law ✅— No negative treatment on recordhow we know

Decided 1880-05-27

How this case has been cited

Cited by 6 later decisions — most recently December 1905

6 state decisions

30188018901900decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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OutoN, J.

¶1The circuit court had no jurisdiction to render the judgment appealed from, because there was before the court no such proof of the service of the summons as the statute requires. Subd. 2, sec. 2642, R. S.; Matteson v. Smith et al., 37 Wis., 333. The affidavit of the person who is alleged to have served the summons, and which constitutes the *555only return of such service, fails to state that a copy of the summons was left with the defendant. The motion papers for an amended return were submitted after the decision of this ease; but it was too late to mate such an amendment of the record as would cure the error, after the appeal. The defect was- jurisdictional, and could not be cured. Proof of service of the summons is a condition precedent or prerequisite to the rendition of a judgment by default.

¶2By the Court. — The judgment of the circuit court is reversed, with costs, and the cause remanded for further proceedings according to law.

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