Legal Opinion
Wisconsin Mut. Ins. v. Western Mut. Fire Ins.
Court of Appeals for the Seventh Circuit
Decided November 3, 1939No. 7081PublishedCited by 5 opinions
1Per curiam
Plaintiff instituted this suit in' the District Court for the Western District of Wisconsin, and defendant moved to quash service. Its motion was denied. Defendant thereupon appealed to this court, and plaintiff moved to dismiss the appeal because the order denying the motion to quash service is not appealable.
While the early authorities may have been somewhat conflicting, it is now clear that an order granting a motion to quash service is appealable.1 An order denying a motion to quash service is not appealable.2
The motion to dismiss is granted.
Rosenberg Bros. Co. v. Curtis Brown Co., 260…
2Cases cited5 opinions
- Rosenberg Bros. & Co. v. Curtis Brown Co.Supreme Court of the United States · 1923
- Church v. ChurchCourt of Appeals for the D.C. Circuit · 1921
- Kelley v. T. L. Smith Co.Court of Appeals for the Seventh Circuit · 1912
- Mellon v. MertzDistrict Court, District of Columbia · 1929
- Mandel Bros. v. Victory Belt Co.Court of Appeals for the Seventh Circuit · 1926
3Cited by5 opinions
- Zuckerman v. McCulleyCourt of Appeals for the Eighth Circuit · 1948
- Edwin Raphael Company, Inc. v. Maharam Fabrics CorporationCourt of Appeals for the Seventh Circuit · 1960
- Estate of Fairbank ex rel. Fairbank v. United StatesUnited States Court of Claims · 1964
- Saroff v. SaroffCalifornia Court of Appeal · 1944
- Lower Brule Sioux Tribe v. United StatesDistrict Court, D. South Dakota · 1982