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HERCHELROTH v. MAHAR

24 Wis.2d 444 (1964)

HERCHELROTH, Plaintiff and Respondent, v. MAHAR, Defendant: MARVIN BELT, d/b/a MARVIN BELT COMPANY, Defendant and Respondent: WOLPIN COMPANY, Defendant and Appellant.

Supreme Court of Wisconsin.

June 30, 1964.

Attorney(s) appearing for the Case

For the appellant there were briefs by Whyte, Hirschboeck, Minahan, Harding & Harland, attorneys, and Edward D. Cleveland of counsel, all of Milwaukee, and oral argument by Mr. Cleveland.

For the plaintiff-respondent there was a brief by Ruppa & Wegner, attorneys, and Norman W. Wegner of counsel, all of Milwaukee, and oral argument by Nathan Ruppa.

For the defendant-respondent there was a brief by Stanley F. Schellinger, attorney, and James G. Doyle of counsel, both of Milwaukee, and oral argument by Mr. Doyle.

BEILFUSS, J.

Does sec. 345.09 (1), Stats., provide for substituted service on the nonresident corporate lessee of a motor vehicle?

Sec. 345.09 (1), Stats., is the statute to be construed:

"The use and operation of a motor vehicle over the highways of this state by a nonresident is deemed an irrevocable appointment by such nonresident of the motor vehicle commissioner to be his true and lawful attorney upon whom may be served all legal processes in...

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