Home Bank v. Becker

19 Citing cases

  1. Am. Trust & Sav. Bank v. Commc'ns Prods. Corp.

    827 N.W.2d 928 (Wis. Ct. App. 2013)

    In State v. Ndina, 2009 WI 21, 315 Wis.2d 653, 761 N.W.2d 612, our supreme court clarified that forfeiture is the failure to make the timely assertion of a right, whereas waiver is the intentional relinquishment or abandonment of a known right. Id., ¶ 29. Although CPC quotes from case law speaking of waiver as the “voluntary and intentional relinquishment of a known right,” we do not understand CPC to be seriously disputing American Trust's assertion that the applicable test is found in Home Bank v. Becker, 48 Wis.2d 1, 179 N.W.2d 855 (1970). And, the analysis in Home Bank did not involve determining whether a person voluntarily and intentionally relinquished a known right.

  2. Pool v. City of Sheboygan

    2007 WI 38 (Wis. 2007)   Cited 12 times
    In Pool, Pool filed a notice of claim and claim against a city, alleging an inverse condemnation on Pool's property without just compensation.

    The fact of service on a claimant and proof of that service are two different concepts. Home Bank v. Becker, 48 Wis. 2d 1, 6, 179 N.W.2d 855 (1970). Just as it is the fact of service of a summons, not the form of the proof of that service, that is necessary in order to confer jurisdiction on a court in many circumstances, see, e.g., Gehr v. City of Sheboygan, 81 Wis. 2d 117, 122, 260 N.W.2d 30 (1977), it is the fact of service on the claimant that commences the running of the six-month statute of limitations under Wis. Stat. § 893.80(1g).

  3. Wolff v. Tomahawk Mfg.

    3:21-cv-880-SI (D. Or. Feb. 8, 2022)   Cited 7 times
    Rejecting 12(b) as proper vehicle

    Wisconsin law does not support this reading of the doctrine of incorporation by reference. See Home Bank v. Becker, 48 Wis.2d 1, 9 (1970) (“The phrase ‘incorporated by reference' has the legal effect of making the document so referred to part of the principal document so that both are to be read together as one.” (emphasis added)).

  4. Neylan v. Vorwald

    124 Wis. 2d 85 (Wis. 1985)   Cited 70 times   7 Legal Analyses
    Recognizing that court has inherent power to control the judicial business before it

    ' State ex rel. Wall v. Sovinski, 234 Wis. 336, 342, 291 N.W. 344 (1940). See also, Home Bank v. Becker, 48 Wis.2d 1, 7, 179 N.W.2d 855 (1970). "The fact that the award came many years after the void order is of no consequence.

  5. State v. Banks

    105 Wis. 2d 32 (Wis. 1981)   Cited 57 times   5 Legal Analyses
    Holding that court commissioner was without jurisdiction to hear or enter judgment in a criminal proceeding

    ' State ex rel. Watt v. Sovinski, 234 Wis. 336, 342, 291 N.W. 344 (1940). See also, Home Bank v. Becker, 48 Wis.2d 1, 7, 179 N.W.2d 855 (1970)." Kohler Co. v. ILHR, 81 Wis.2d 11, 25, 259 N.W.2d 695 (1977).

  6. In re Incorporation, Fitchburg

    98 Wis. 2d 635 (Wis. 1980)   Cited 16 times
    Holding "injunction order final and thus appealable"

    These sections make clear that for a court to exercise personal jurisdiction over a party which neither submits nor waives a jurisdictional objection, a summons and complaint must issue. Our cases have been consistent in so holding. See: Howard v. Preston, 30 Wis.2d 663, 669, 142 N.W.2d 178 (1966); Home Bank v. Becker, 48 Wis.2d 1, 6, 179 N.W.2d 855 (1970); Gehr v. Sheboygan, 81 Wis.2d 117, 122, 260 N.W.2d 30 (1977). Exceptions to this rule have been recognized in cases where a court exercises jurisdiction over a criminal defendant or juvenile because of the accused's physical presence in the court, Pillsbury v. State, 31 Wis.2d 87, 92, 142 N.W.2d 187 (1966); State ex rel. La Follette v. Circuit Court, 37 Wis.2d 329, 343, 155 N.W.2d 141 (1967), and where a statute specifically provides for the exercise of jurisdiction without service.

  7. Meier v. Purdun

    288 N.W.2d 839 (Wis. 1980)   Cited 2 times

    This section has been construed to mean that a judgment involved under this section is also void ". . . in the sense that it is subject to being vacated at any time where the proper notice of entry has not been given." Home Bank v. Becker, 48 Wis.2d 1, 7, 179 N.W.2d 855 (1970). By Ch. 261, Laws of 1973, 270.69 was repealed and recreated to read:

  8. Voluntary Assignment of Linton v. Schmidt

    88 Wis. 2d 183 (Wis. 1979)   Cited 7 times

    [Cases omitted.] These rules have more recently been summarized and approved by this court in numerous cases. Gumz v. Chickering (1963), 19 Wis.2d 625, 121 N.W.2d 279; Barnard v. Coates (1965), 28 Wis.2d 1, 135 N.W.2d 809; Bihlmire v. Hahn (1966), 31 Wis.2d 537, 143 N.W.2d 433, certiorari denied, 387 U.S. 905, 87 Sup. Ct. 1685, 18 L.Ed.2d 622; Hales Corners Savings Loan Asso. v. Kohlmetz (1967), 36 Wis.2d 627, 154 N.W.2d 329; Home Bank v. Becker (1970), 48 Wis.2d 1, 179 N.W.2d 855."

  9. West v. West

    82 Wis. 2d 158 (Wis. 1978)   Cited 35 times
    Holding that plaintiff failed to exercise reasonable diligence by giving process server defendant's last known address when other means of finding defendant were available

    Laches is not a defense, and there is no necessity of showing a meritorious defense to the action on the merits. See, Home Bank v. Becker, 48 Wis.2d 1, 179 N.W.2d 855 (1970). A void judgment may be expunged by a court at any time. Where, as here, the claim is made that the judgment is void for want of personal jurisdiction, all that is needed is the determination that, in fact, jurisdiction was not acquired in the proceedings that led up to the entry of the judgment.

  10. Kohler Co. v. Department of Industry, Labor & Human Relations

    81 Wis. 2d 11 (Wis. 1977)   Cited 32 times   1 Legal Analyses
    In Kohler Co. v. ILHR, 81 Wis.2d 11, 25, 259 N.W.2d 695, 701 (1977), the court said, "[a] void judgment cannot be validated by consent, ratification, waiver, or estoppel."

    ]" State ex rel. Wall v. Sovinski, 234 Wis. 336, 342, 291 N.W. 344 (1940). See also, Home Bank v. Becker, 48 Wis.2d 1, 7, 179 N.W.2d 855 (1970). The fact that the award came many years after the void order is of no consequence.