Bitter v. Gold Creek Mining Co.

It is undisputed that the service of the summons on the defendant was insufficient, but the plaintiff contends that, notwithstanding that insufficiency and the defendant’s special appearance on applying for the vacation of *57the service, the court acquired jurisdiction of the defendant because, in an order to show cause why service should not be vacated, a proposed adverse examination, under sec. 326.12, Stats., was enjoined until further order of the court. The affidavit, upon which the order to show cause was based, stated that it was made in support of a motion on a special appearance for…