25 Wis. 357 | Wis. | 1870
A number of objections are taken to the judgment in this case. It is said that the county court
Again, it is insisted that the affidavit is defective because it does not show that a cause of action existed against the defendant. The order for publication states that a cause of action in favor of the plaintiff exists against the defendant, and that it is founded on contract. The statute makes this order the evidence of the existence of these facts. • Chap. 409, Gren. Laws of 1865.
It is further claimed, that the record does not contain any legal proof of the publication of the summons. Publication of the summons was in fact legally made, but, through inadvertence, the affidavits of publication and of posting of the summons and complaint were not filed ■ at the time judgment was entered. The court, upon motion, allowed this proof to be supplied after the appeal was taken, and that those affidavits might be filed as of the day the judgment was entered. We suppose it was entirely competent for the court to supply this omission. Sec. 38, chap. 125, R. S. The only question is, as to what effect the supplying this proof should have upon the appeal. We think the only effect would be to give the appellant the right to dismiss the appeal without costs. 'It certainly can furnish no
By the Gowrt.— Judgment affirmed.