State ex rel. Rush v. Circuit Court for Dane County

It is urged on behalf of relator that sec. 85.05 (3), Stats., which provides for service of a summons on a non-resident causing personal injury while using our highways by delivering the summons to the secretary of state and taking the other steps by statute provided, does not authorize the commencement of an action by substituted service where both plaintiff and defendant are not residents of this state but reside elsewhere and in the same state. And further, that if this section be construed to authorize the commencement of an action when those facts are present, it results in a denial of…