State ex rel. Pennsylvania Railway Co. v. Circuit Court for Milwaukee County

Objection is taken to the proceedings of the court below, in that it took oral testimony on the motion to dismiss, the case for ladk of jurisdiction. The *653motion was based on affidavits attempting to show that no valid service of the summons had been made. The taking of oral testimony on a motion before the circuit court has been" considered in the following cases: Amory v. Amory, 26 Wis. 152; Fowler v. Colton, 1 Pin. 331; Carr v. Commercial Bank, 18 Wis. 255; Cartright v. Belmont, 58 Wis. 370, 17 N. W. 237; Sweet v. Modern Woodmen, 169 Wis. 462, 172 N. W. 143; Will of Bilty, 171 Wis. 20, 176…