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Knox v. Miller

Knox v. Miller, 18 Wis. 397 (1864)
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Court
Wisconsin Supreme Court · State Highest Courts
Decided
June 15, 1864
Judges
Dixon
Citations
18 Wis. 397
Cited by 6
Headnotes
Service of summons by leaving a copy at tbe usual place of abode of the defendant, is authorized only when he cannot be found so as to be personally served; and the latter fact must appear from the affidavit or return of service, or the court does not acquire jurisdiction.
Summary
APPEAL from tbe Circuit Court for Milwaukee County. Ejectment. Attached to the summons as filed was an affidavit of the plaintiff’s attorney that, on &c., he served a copy of the summons on the defendant by delivering the same to his wife at his usual place of abode; but it did not appear from said affidavit, or otherwise, that defendant could not be found. Judgment was afterwards taken against the defendant as upon default; from which he appealed.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Dixon

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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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 6 cases

View all citing references →
1868–1869: 11874–1875: 11882–1883: 11888–1889: 11896–1897: 11900–1901: 118682026peak 1868 · 1

Relies on it most ⓘ

  1. Matteson v. Smith37 Wis. 333 (1875)
  2. Lower v. Wilson68 N.W. 545 (S.D. 1896)
  3. Zimmerman v. Gerdes82 N.W. 532 (Wis. 1900)
  4. Northrup v. Shephard23 Wis. 513 (1868)
  5. Rehmstedt v. Briscoe13 N.W. 687 (Wis. 1882)
  6. McGillis v. Bishop.27 Ill. App. 53 (1888)

Most recent

  1. Zimmerman v. Gerdes82 N.W. 532 (Wis. 1900)
  2. Lower v. Wilson68 N.W. 545 (S.D. 1896)
  3. McGillis v. Bishop.27 Ill. App. 53 (1888)
  4. Rehmstedt v. Briscoe13 N.W. 687 (Wis. 1882)
  5. Matteson v. Smith37 Wis. 333 (1875)
  6. Northrup v. Shephard23 Wis. 513 (1868)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Rape v. Heaton, 9 Wis. 328 (1859) 56
Pollard v. Wegener, 13 Wis. 569 (1861) 31

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