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Milwaukee Elevator Co. v. Feuchtwanger

Milwaukee Elevator Company v. Feuchtwanger, imp.

Milwaukee Elevator Co. v. Feuchtwanger, 124 N.W. 264 (Wis. 1910)
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Court
Wisconsin Supreme Court · State Highest Courts
Decided
January 11, 1910
Judges
Wikslow
Citations
124 N.W. 264141 Wis. 2661910 Wisc. LEXIS 18
Disposition
Affirmed.
Syllabus
Appearance: General or special? Appearance by a defendant specially for tlie purpose only of moving tliat the service of summons be set aside and the action dismissed with costs, does not constitute a general appearance.
Summary
Appeal from an order of the circuit court for Milwaukee county: W. J. TiteNee, Circuit Judge.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Wikslow

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Wikslow, C. J.

The defendant is a nonresident of the’ state, and the summons herein was served upon him while he was temporarily in the state, in actual and necessary attendance upon court in an action to which he was a party, and hence exempt from the service of process. Upon motion the service was set aside and an order made dismissing the action with motion costs. From this order the plaintiff appeals on the' ground that, although the defendant stated that he appeared specially, his motion was not merely to vacate the service, but to dismiss the action with costs.

It is undoubtedly true that in some jurisdictions such a motion constitutes a general appearance, but this court, in Kingsley v. G. N. R. Co. 91 Wis. 380 , 64 N. W. 1036 , held that the identical motion made here did not constitute a general appearance. Following that case, the order appealed from must be affirmed.

By the Court. — It is so ordered.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1920: 119202026peak 1920 · 1

Relies on it most ⓘ

  1. Read v. Rousch189 Iowa 695 (1920)

Most recent

  1. Read v. Rousch189 Iowa 695 (1920)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Kingsley v. Great Northern Ry. Co., 64 N.W. 1036 (Wis. 1895) 15

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