Russell Dairy Stores, Inc. v. City of Chippewa Falls

The state of Wisconsin was not named as a party in this action, nor did the complaint demand that the state provide a right of ingress to or egress from Highway 53 to the plaintiff’s property. While the summons and complaint were served upon the state as required in sec. 269.56 (11), Stats., and while the district attorney of Chippewa county entered a special appearance on behalf of the state for the purpose of challenging the jurisdiction affecting the rights of the state, the state declined to participate in the trial. By its complaint, the plaintiff sought enforcement of its right to…