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ACCOUNTING DATA, INC. v. McMURTRIE

No. 75-437.

78 Wis.2d 89 (1977)

253 N.W.2d 534

ACCOUNTING DATA, INC., Plaintiff-Respondent, v. McMURTRIE, and another, Defendants-Appellants.

Supreme Court of Wisconsin.

Decided May 17, 1977.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the brief of Kelley, Weber & Bolte, S.C. of Wausau.

For the respondent the cause was submitted on the brief of Tinkham, Smith, Bliss, Patterson & Richards of Wausau.

ABRAHAMSON, J.

The issue on appeal is whether McMurtrie, a resident of Florida, asserting a counterclaim in a Marathon County, Wisconsin action, "instituted suit" in Wisconsin by means of his counterclaim so that he was subject to adverse examination in Marathon County pursuant to sec. 887.12 (4), Stats., 1973.1

The plaintiff, Accounting Data, Inc., commenced its action against the defendants, Donald McMurtrie and Colonial Builders...

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