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MOSING v. HAGEN

33 Wis.2d 636 (1967)

MOSING, Respondent, v. HAGEN and another, Appellants.

Supreme Court of Wisconsin.

January 31, 1967.

Attorney(s) appearing for the Case

For the appellants there was a brief by Crowns, Crowns, Merklein & Midthun of Wisconsin Rapids, and oral argument by Robert J. Merklein.

For the respondent there was a brief by Peickert, Anderson, Fisher, Shannon & O'Brien of Stevens Point, and oral argument by John E. Shannon, Jr.

BEILFUSS, J.

Basically there are three issues presented by this appeal:

(1) Does sec. 262.13 (3), Stats., require the court to declare the service of the summons void?

(2) Did the deposit of the summons together with the transcription of a discovery deposition in a sealed envelope with the clerk of court constitute filing?

(3) Was sec. 262.13 (3), Stats., properly noticed for hearing and is it a valid rule of court?

Sec. 262.13, Stats...

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