26 Wis. 390 | Wis. | 1870
The statute (Laws of 1869, ch. 68) prescribing that in all cases of service of summons, “ the officer or person making such service shall indorse on such copy, over his signature, the date of such service, and that the same is a true copy of the original,” is mandatory and not directory in its terms, and the service, to be effectual for any purpose, must
In this case the defect was not waived by the defendant. Judgment was taken against him as by default, and he moved in the court below at the earliest opportunity to have it set aside because the statute was not complied with And his motion was regular. The ground of it was specified in the affidavit upon which the motion was made, which was a compliance with the rule. No affidavit of merits was necessary, because the default and judgment were
By the Court. — The order overruling the motion is reversed, and the cause remanded with directions to grant the motion and set aside the judgment, in accordance with this opinion.