91 Wis. 204 | Wis. | 1895
This action was brought by the plaintiff in the superior court'of Douglas county to foreclose a mortgage- on lands in that county executed by the appellant and his wife, to secure a note for $12,500 executed by the appellant. The summons and complaint are in' the usual form, and were personally served on Bond and wife at Minong, Washburn county, in this state, June 18, 1894. The defendant Josiah Bond, Jt., appeared specially, and moved to set aside such service on the ground that said superior court had no jurisdiction outside of Douglas county, nor of the action. Erom an .order denying such motion the said Josiah Bond, Jr., appeals.
The land covered by the mortgage being situated in Douglas county, there can be 'no question but that ■ the circuit court for that countymight have taken jurisdiction of such foreclosure. The act creating and establishing said superior court provides, among other things, that “ such court shall have and exercise powers and jurisdiction in all civil actions and proceedings in law and equity, except as to actions and proceedings under chapter 151 of these statutes, concurrent with and equal to the jurisdiction of the circuit court of Douglas county, when the value of the property'in controversy . . . shall not exceed five million dollars.” Laws of 1893, ch. 33, sec. 2. _ The exception mentioned does' not affect this case. The same act makes the general provisions of law relating to circuit courts ánd to civil actions and proceedings therein, and the rules • of practice therein, applicable to said superior court. Id. sec. 6. Circuit courts have power to issue all writs, process,- and coriitnissions necessary to the due execution of the powers Vested in them, and as may be “ necessary to the full and complete jurisdiction of the causes and partiesand such courts and the judges thereof “ have
s We must hold that the superior court of Douglas county had jurisdiction, and hence the oi’der of that court is affirmed.
’ By the Court.— Order affirmed.