HUCK v. CHICAGO, ST. P., M. & O. R. CO.


4 Wis.2d 132 (1958)

HUCK, Plaintiff, vs. CHICAGO, ST. PAUL, MINNEAPOLIS & OMAHA RAILWAY COMPANY, Defendant: DOUGHBOY INDUSTRIES, INC., Interpleaded Defendant and Appellant: CHICAGO, ROCK ISLAND & PACIFIC RAILWAY COMPANY, Interpleaded Defendant and Respondent.

Supreme Court of Wisconsin.

May 6, 1958.


Attorney(s) appearing for the Case

For the appellant there were briefs by Stafford, Pfiffner & Stafford of Chippewa Falls, and oral argument by Robert F. Pfiffner.

For the respondent there was a brief by Philip Stringer of St. Paul, Minnesota, Harold D. Olson of Baldwin, and Bender, Trump, Davidson & Godfrey of Milwaukee, attorneys, and Rodger S. Trump of counsel, and oral argument by Rodger S. Trump.


CURRIE, J.

This appeal is concerned with a problem of construction of sec. 262.09 (4), Stats. So far as material here such statute reads as follows:

"If the defendant is a foreign corporation . . . and (a) is doing business in Wisconsin at the time of service, . . . service may be made .. . by delivering . . . without the state a copy of the summons to any officer, director, or managing agent of the corporation."

While Rock Island's brief raises an...

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