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EBERT v. KOHL'S FOOD STORES

No. 192.

42 Wis.2d 247 (1969)

166 N.W.2d 169

EBERT and wife, Appellants, v. KOHL'S FOOD STORES HOWELL, INC., Respondent.

Supreme Court of Wisconsin.

Decided April 1, 1969.

Attorney(s) appearing for the Case

For the appellants there was a brief by Ralph H. Schultz, attorney, and Henry A. Tessmer of counsel, both of Milwaukee, and oral argument by Mr. Tessmer.

For the respondent there was a brief by Prosser, Zimmermann, Wiedabach, Koppa & Lane of Milwaukee, and oral argument by James W. Lane.

ROBERT W. HANSEN, J.

In clear and unmistakable language, the Wisconsin legislature has provided that, where an action is initiated by service of a summons only ". . . the defendant, in person or by attorney, within the time fixed in s. 262.10 (2), may (NOTE: as was here done) demand in writing a copy of the complaint, specifying a place, embracing a post-office address, within this state where the complaint may be served (NOTE: as was here done) and a copy of the...

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