109 Wis. 639 | Wis. | 1901
This is an action to foreclose a note for $48 secured by a mortgage on real estate in Barron county, Wisconsin, both executed by the defendant George Aeher-man January 24, 1894, and subsequently assigned to the plaintiff. Judgment was entered thereon by default May Y, 1900. No attempt was made to serve the summons on any of the four defendants, except by publication. The summons and complaint were filed February 12,1900. Twenty days prior to that time the attorney for the plaintiff made an affidavit to the effect that he was unable, with due diligence, to make service of the summons upon the four defendants named, and stated that the post-office address of Aclc-erman was at St. Paul, Minnesota, and of the three other defendants at Chicago, and asked that service of the summons should be made by publication. That affidavit was not filed with the clerk until seven days after the entry of the judgment. Another affidavit of the same attorney was made February 5, 1900, to the effect that February 2, 1900, he
The deformity of this record is not only inexcusable but,
Counsel for the plaintiff contends that Acherman waived the question of jurisdiction by his attorney appearing “ solely for the purpose of appealing from the judgment.” This court has recently held that a general appeal from a
Counsel for the plaintiff claims that the undertaking on this appeal is insufficient to be effectual for any purpose. It is in the sum of $250, but the plaintiff’s name is omitted from the blank for the respondent, and Albert Schonbeck is mentioned as mortgagor, instead of Ackerman. But we think it was sufficient to give this court jurisdiction, and hence the appellant was properly allowed to file a new and amended undertaking on the argument, under sec. 3068, Stats. 1898. Stolze v. Manitowoc T. Co. 100 Wis. 212, 213.
By ■ the Court.— The judgment of the circuit court is reversed, and the cause is remanded for further proceedings according to law.