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SHEEHAN v. MATTHEW

258 Wis. 606 (1951)

SHEEHAN, Appellant, vs. MATTHEW, Respondent.

Supreme Court of Wisconsin.

March 6, 1951.

Attorney(s) appearing for the Case

The cause was submitted for the appellant on the brief of Brennan & Brennan of Milwaukee, and for the respondent on the brief of Shaw, Muskat & Paulsen, attorneys, and F. H. Prosser of counsel, all of Milwaukee.

BROWN, J.

Plaintiff relies on sec. 262.12, Stats., which, in its material parts, recites:

"Publication or service outside state, when permitted. When the summons cannot with due diligence be served within the state, the service of the summons may be made without the state or by publication upon a defendant when it appears from the verified complaint that he is a necessary or proper party to an action or special proceeding as provided in Rule 262.13...

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