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FEHRENBACH v. FEHRENBACH

No. 180.

42 Wis.2d 410 (1969)

167 N.W.2d 218

FEHRENBACH, Appellant, v. FEHRENBACH and others, Respondents.

Supreme Court of Wisconsin.

Decided May 6, 1969.

Attorney(s) appearing for the Case

For the appellant there was a brief by Martin J. Torphy and E. Campion Kersten, both of Milwaukee, and oral argument by Mr. Kersten.

For the respondents Donald L. Fehrenbach and Milwaukee Mutual Insurance Company there was a brief and oral argument by D. J. Regan of Milwaukee.

For the respondents Gerhard Janik and Commercial Insurance Company of Newark, N. J., there was a brief by Kluwin, Dunphy, Hankin & Hayes of Milwaukee, and oral argument by John A. Kluwin.

HALLOWS, C. J.

It is argued that noncompliance with sec. 262.13 (3), Stats., does not require a dismissal when jurisdiction over the person has been acquired by a general appearance and that sec. 262.13 (3) is invalid as a rule of this court because it affects a substantive right of a party and is therefore beyond the scope of this court's rule-making power under sec. 251.18.

We have previously decided the creation of the rule, sec. 262.13 (3), Stats.,

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