#### Harvey, Respondent, vs. Chicago & Northwestern Railway Company, Appellant.

*February 1*

February *20, 1912.*

*Summons: Signature.*

■Omission of the signature from the copy of summons served upon defendant, where the annexed papers, served therewith, advise the defendant of the name and address of the plaintiff's attorney, is a mere irregularity and not a jurisdictional defect.

Appeal from an order of the circuit court for Buffalo •county: E. W. Helms, Circuit Judge.

*Affirmed.*

An unsigned summons in this action was served on a station agent of the defendant on September 26, 1910. Attached thereto was a copy of the complaint, which was signed *392by tbe plaintiff’s attorney, and on tbe cover or backing of the-summons and complaint were indorsed tbe title of tbe action, tbe words “summons and complaint,” and also tbe following: “S. G. Gilman, Plaintiff’s Attorney, Mondovi, Wis.” Tbe original summons was duly signed, but was not filed until' October 24, 1910. Defendant did not appear or answer, and judgment was taken against it by default on October 27, 1910. On November lOtb, following, defendant appeared specially and moved to vacate tbe judgment and set aside tbe-service of tbe summons, “for tbe sole reason that no summons” bad ever been served in tbe action. Tbe circuit judge-denied tbe motion, and from tbe order denying tbe same defendant appeals.

Tbe cause was submitted for tbe appellant on tbe brief of' *William G. Wheeler,*attorney, and *Edward M. Smart,*of' counsel, and for tbe respondent on that of *S. G. Gilman.*

Barnes, J.

Defendant bad tbe right to assume tbat the-copy of tbe summons served was wbat it purported to be, a true copy of tbe original, and, if an unsigned summons is in fact no summons at all, then tbe court acquired no jurisdiction of tbe person of tbe defendant and tbe service sbould. bave been set aside. If tbe signature is not necessarily an essential part of tbe summons, then we bave a mere irregularity to deal witb and not a jurisdictional defect, and tbe trial court reached a correct conclusion. Tbe precise question here involved was before tbe Minnesota and Iowa courts- and they reached opposite conclusions, tbe Minnesota court, bolding tbat tbe omission of tbe signature was a mere irregularity (Lee *v. Clark,*53 Minn. 315, 55 N. W. 127), and tbe Iowa court bolding tbat an unsigned summons was no summons and could give tbe court no jurisdiction of tbe person of tbe defendant *(Hoitt v.*Skinner, 99 Iowa, 360, 68 N. W. 788). This court has said tbat tbe only object of tbe statute-(sec. 2630, Stats. 1898) in requiring tbe summons to show *393the name and address of the attorney or party who commences the action “is that the defendant may know upon whom and at what place he may serve his answer and other papers in the action.” *Mezchen v.*More, 54 Wis. 214, 216, 11 N. W. 534. Under the authority of this case we must hold that the omission of the signature was a mere irregularity and not a jurisdictional defect. The papers annexed to the summons and served therewith advised the defendant of the name and address of the plaintiffs attorney and supplied the omission complained of by giving defendant the requisite notice of the name and address of the person upon whom to serve such papers as it desired to serve in the action.

*By the Court.*— Order affirmed.