Legal Opinion

Corbett v. Physicians' Casualty Ass'n of America

Wisconsin Supreme Court

Decided May 8, 1908PublishedCited by 21 opinions

Appeal from a judgment of tbe oironit court for Sheboy-gan county: Michael Kibwait, Circuit Judge. Action to recover on an accident insurance policy issued on the mutual assessment plan. The contract secured to plaintiff, as beneficiary, the sum of $8,000 in case of the death by accidental means of George W. Corbett, her husband. The complaint contained all allegations essential to a recovery.

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Appeal from a judgment of tbe oironit court for Sheboy-gan county: Michael Kibwait, Circuit Judge. Action to recover on an accident insurance policy issued on the mutual assessment plan. The contract secured to plaintiff, as beneficiary, the sum of $8,000 in case of the death by accidental means of George W. Corbett, her husband. The complaint contained all allegations essential to a recovery. The answer stated three defenses, as follows, in effect: (1) The defendant is a Nebraska corporation which has never complied with the laws of this state authorizing service of process upon it by…

1Opinion of the Court

The following opinion was filed March 10, 1908:

MaRshai/l, J.

At the threshold in the consideration of this case is presented the question of whether a defendant can challenge the jurisdiction of the court in which he is cited to appear, upon the ground that the summons in the action was not efficiently served, and failing in that can submit to* a trial upon the merits and in case of an adverse decision can, on appeal, have the benefit of the objection made at the start. 'Counsel for appellant refer to our statute and that of the ■state of Nebraska and decisions in respect to the latter and…

2Cases cited37 opinions

  1. Old Wayne Mut. Life Assn. of Indianapolis v. McDonoughSupreme Court of the United States · 1907
  2. Harkness v. HydeSupreme Court of the United States · 1879
  3. Brooklyn Life Insurance v. BledsoeSupreme Court of Alabama · 1875
  4. In re ClarkeCalifornia Supreme Court · 1899
  5. Union Pac. R'y Co. v. De BuskSupreme Court of Colorado · 1888

32 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. In re Pierce-Arrow Motor Car Co.Wisconsin Supreme Court · 1910
  2. Gordon Mailloux Enterprises, Inc., and Merchants Wholesale Co., Inc. v. Firemen's Insurance Company of Newark, New JerseyCourt of Appeals for the Ninth Circuit · 1966
  3. Lunceford v. Commercial Travelers Mutual Accident Ass'n of AmericaSupreme Court of North Carolina · 1925
  4. Keating v. Inland Steel Co.Wisconsin Supreme Court · 1921
  5. Henry v. SpitlerSupreme Court of Florida · 1914

16 more not listed; retrieve them via the Exa API.

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