Divorce court lacked jurisdiction to transfer husband’s interest In Real estate because husband was not personally served and did not appear in the proceedings.
Plaintiff exercised reasonable diligence in his attempts to serve defendant pursuant to Wis. Stat. §801.11( c). When pursuing any leads or information reasonably calculated to make personal service possible, the plaintiff must not stop short of pursuing a viable lead. In this case, plaintiff’s efforts were consistent with reasonable diligence.
Service must be by authenticated copy. Jurisdiction will attach when a party substantially complies with the authentication statute. Where the clerk is afforded the opportunity to properly authenticate the documents, an irregularity will be deemed a technical error. However, where there was failure to present the photocopied documents to the clerk at all, the error is fundamental.
Service by publication requires reasonable diligence. The burden is on movant. It was not necessary to mail copy of summons to last known address, because wife could not, with reasonable diligence, ascertain husband’s address.
Court had personal jurisdiction over wife where notice of hearing was given to her attorneys. Five days notice was sufficient.