103 Wis. 356 | Wis. | 1899
The order appealed from must be affirmed, because:
1. The affidavit of service is clearly insufficient. Sec. 2642,. S. & B. Ann. Stats., provides that, if the service of a summons is made'by any person other than the sheriff, proof of such service shall be made by affidavit of the person making
2. The principle is too elementary to need discussion that a court can only acquire jurisdiction of a party, when there is no appearance, by the service of process in the manner prescribed by law. Watertown v. Robinson, 59 Wis. 513. So, when a statute intervenes and displaces the common-law manner of service, we are brought to a question of words, and are bound to take the words of the statute as law. The cases are numerous which decide that, when a particular method of serving process is pointed out by statute, that method must be followed, and the rule is especially exacting in reference to corporations. Amy v. Watertown, 130 U. S. 301; Watertown v. Robinson, 69 Wis. 230. Subd. 6, 7, sec. 2637, S. & B. Ann. Stats., prescribe the manner in which service of process can be had on railroad corporations. Subd. 6 refers to railroad corporations whose general office is within this state. It is argued by plaintiff that, inasmuch as the defendant was incorporated under an act of Congress, it was to all intents and purposes a domestic corporation, and that service upon the corporation could be had in the manner pointed out by that subdivision. The difficulty with that contention is this: it permits service of the summons to be made úpon the general manager only where the de
By the Gourt.— The order of the circuit court is affirmed.