John Meunier Gun Co. v. Lehigh Valley Transportation Co.
Wisconsin Supreme Court
Appeal from an order of tbe circuit -court for Milwaukee county: OebeN T. Williams, Circuit Judge. Tin's is an appeal from an order entered January 16, 1904, refusing to vacate tbe judgment entered by default December 8, 1903, in favor of tbe plaintiff and against tbe defendant for $3,545.73. This action was commenced by tbe Service of a summons on tbe defendant, a foreign corporation, 'by delivering tbe same to and leaving it with J. L. Kellogg personally — tlie agent…
Read the full summary
Appeal from an order of tbe circuit -court for Milwaukee county: OebeN T. Williams, Circuit Judge. Tin's is an appeal from an order entered January 16, 1904, refusing to vacate tbe judgment entered by default December 8, 1903, in favor of tbe plaintiff and against tbe defendant for $3,545.73. This action was commenced by tbe Service of a summons on tbe defendant, a foreign corporation, 'by delivering tbe same to and leaving it with J. L. Kellogg personally — tlie agent conducting tlie business of sucb corporation in this state — November 3, 1903. After some effort to settle the controversy,…
1Opinion of the CourtOassoday, C. J.
It appears that negotiations and communications in respect to adjusting and settling the loss and damage complained of continued for more than four months prior to the commencement of this action. Eight days prior to the service of the summons the attorneys for the plaintiff informed the defendant, in writing, that they had been instructed by their client “that, unless something definite” should be “arrived at by the 1st day of November,” they would “have to institute suit.” The suit was commenced *147November 3, 1903. November 21, 1903, and two days before tbe expiration of tbe time witbin wbicb…
2Cases cited7 opinions
- The Moses TaylorSupreme Court of the United States · 1867
- The BelfastSupreme Court of the United States · 1869
- Nelson v. . BelmontNew York Court of Appeals · 1860
- Boutin v. CatlinWisconsin Supreme Court · 1899
- Warehouse & Builders Supply Co. v. GalvinWisconsin Supreme Court · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Sevier v. MitchellOregon Supreme Court · 1914