Legal Opinion
Canadian Pacific Ltd. v. Omark-Prentice Hydraulics, Inc.
Court of Appeals of Wisconsin
Decided November 13, 1978No. 77-640PublishedCited by 20 opinions
1Opinion of the CourtDean, P.J.
This action was commenced on January 5, 1977, with the filing of a summons and complaint which were served the following day upon the defendant’s registered agent in Wisconsin. The summons omitted the statement that the defendant must answer “within twenty days” as required by sec. 801.09(2) (a), Stats.
On January 14,1977, the statutory time for commencement of this action under the Interstate Commerce Act, 49 U.S.C. secs. 16(3) (a) and (e), expired. Subsequently, the defendant moved to dismiss the action for insufficient summons or process, and the plaintiff moved for leave to amend the…
2Cases cited15 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Heifetz v. JohnsonWisconsin Supreme Court · 1973
- Hammond-Chandler Lumber Co. v. Industrial CommissionWisconsin Supreme Court · 1916
- State Ex Rel. Kalich v. BrysonOregon Supreme Court · 1969
- Flanery v. KushaSupreme Court of Minnesota · 1919
10 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- American Family Mutual Insurance v. Royal Insurance Co. of AmericaWisconsin Supreme Court · 1992
- Korkow v. General Cas. Co. of WisconsinWisconsin Supreme Court · 1984
- Hester v. WilliamsWisconsin Supreme Court · 1984
- Gaddis v. LaCrosse Products, Inc.Wisconsin Supreme Court · 1996
- Bulik v. Arrow Realty, Inc. of RacineCourt of Appeals of Wisconsin · 1988
15 more not listed; retrieve them via the Exa API.