HAGEN v. MERS

No. 01-3198.

262 Wis.2d 113 (2003)

2003 WI 56

663 N.W.2d 268

John C. HAGEN, Plaintiff-Appellant-Petitioner, v. CITY OF MILWAUKEE EMPLOYEE'S RETIREMENT SYSTEM ANNUITY AND PENSION BOARD, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided June 18, 2003.


Attorney(s) appearing for the Case

For the plaintiff-appellant-petitioner there were briefs by Michael T. Sheedy and Michael T. Sheedy & Associates, Milwaukee, and oral argument by Michael T. Sheedy.

For the defendant-respondent there was oral argument by Maurita Houren, assistant city attorney, with whom on the brief was Grant F. Langley, city attorney.


¶ 1. DIANE S. SYKES, J.

The question in this case is whether the circuit court can acquire personal jurisdiction over a defendant when the plaintiff does not serve the summons and complaint on the defendant, but, rather, mistakenly serves a nonparty in the same building, allegedly after having been directed to do so by a person in the defendant's office. The answer is no.

¶ 2. John Hagen filed a lawsuit...

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