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AUSEN v. MORIARTY

268 Wis. 167 (1954)

AUSEN, Appellant, vs. MORIARTY and others, Copartners, Respondents.

Supreme Court of Wisconsin.

December 7, 1954.

Attorney(s) appearing for the Case

For the appellant there were briefs by Antaramian & Antaramian, attorneys, and V. J. Lucareli of counsel, all of Kenosha, and oral argument by Mr. Richard B. Antaramian and Mr. Lucareli.

For the respondents there was a brief by Quarles, Spence & Quarles, attorneys, and Kenneth P. Grubb and Kurt H. Frauen of counsel, all of Milwaukee, and oral argument by Mr. Frauen.

STEINLE, J.

The principal question presented for determination is whether sec. 330.19 (5), Stats. 1949, was complied with as against the defendant partners in doing business as Moriarty Manufacturing Company, a copartnership, by the delivery of the summons and complaint naming Moriarty Manufacturing Company, a corporation (actually nonexistent) as defendant, and making claim for personal injuries against the corporation, the delivery being made to a person who was...

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