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MALKOWSKI v. MALKOWSKI

No. 268.

52 Wis.2d 731 (1971)

190 N.W.2d 924

MALKOWSKI, Respondent, v. MALKOWSKI, Defendant: PRUDENTIAL INSURANCE COMPANY OF AMERICA, Appellant.

Supreme Court of Wisconsin.

Decided November 2, 1971.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Quarles, Herriott, Clemons, Teschner & Noelke, attorneys, and Lester S. Clemons and John A. Casey of counsel, all of Milwaukee.

For respondent there was a brief and oral argument by Harlow J. Hellstrom of Milwaukee.

HANLEY, J.

The issue presented on this appeal is whether the trial court had jurisdiction to direct payment of the insurance proceeds into court when the beneficiary has not been personally served with notice of the order to show cause. However, a preliminary question is whether the order of the circuit court was appealable.

Appealability of order.

Appellant, for the first time, raises the question of whether the trial court had jurisdiction...

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