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GIESE v. GIESE

No. 346.

43 Wis.2d 456 (1969)

168 N.W.2d 832

GIESE (James), Appellant, v. GIESE (Ernest) and another, Respondents.

Supreme Court of Wisconsin.

Decided June 27, 1969.

Attorney(s) appearing for the Case

For the appellant there was a brief by Graunke & Boone of Wausau, and oral argument by Clinton A. Boone.

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

BEILFUSS, J.

From the briefs and arguments of counsel we deem the basic issues to be:

(1) Did the trial court abuse its discretion in denying the motion to enlarge the time to serve the complaint?

(2) Was it prejudicial error to dismiss the complaint upon its merits?

The two principal procedural statutes involved are:

"262.12 Summons, what must accompany when served. (1) PERSONAL...

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