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53 Wis. 72

Weis v. Schoerner

Wisconsin Supreme Court

Decided September 27, 1881

Wisconsin Supreme Court · decided 1881-09-27

Action against Adam Schoemer and wife to foreclose a mortgage executed by them to the plaintiff, on a certain lot in the city of Milwaukee, to secure the payment of a note made by the defendant Adam to the plaintiff.

Good law ✅— No negative treatment on recordhow we know

Decided 1881-09-27

How this case has been cited

Cited by 7 later decisions — most recently March 1913

7 state decisions

301881189019001910decided

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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Lyon, J.

¶1The affidavit of service of the summons upon the defendants fails to state the place of service, as required by the statute. E. S., 723, sec. 2642, subd. 2. Because of this omission the circuit court had no jurisdiction to render judgment by default against the defendantsi ' Sayles v. Davis, 20 Wis., 302; Matteson v. Smith, 37 Wis., 333; Hall v. Graham, 49 Wis., 553. It is claimed, however, on behalf of the plaintiff, that in certain proceedings taken on behalf of .thede-fendants, after a sale of the mortgaged premises pursuant to the judgment, to stay proceedings on a writ of assistance, the defendants appeared generally in the action, and thus waived the defect in the affidavit of service. The answer to this claim is, that this appeal from the judgment does not bring up for review the proceedings subsequent to judgment. Latimer v. Morrain, 43 Wis., 107. Such proceedings can only be reviewed on an appeal from an order made therein.

¶2By .the Court.— The judgment of the sircuit court must be reversed, and the cause will be remanded for further proceedings,according to law.

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