Union National Bank of Racine v. Benjamin
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. The attorneys of the parties in this action have their offices in. the city of Milwaukee. On the last day allowed by law for serving answers to the complaint herein, the attorney for the defendants sent a messenger to the office of plaintiff’s attorneys to serve upon them copies of the answers of the defendants. Mr. Smith, one of the attorneys for the plaintiff, was in the office at the time.
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APPEAL from the County Court of Milwaukee County. The attorneys of the parties in this action have their offices in. the city of Milwaukee. On the last day allowed by law for serving answers to the complaint herein, the attorney for the defendants sent a messenger to the office of plaintiff’s attorneys to serve upon them copies of the answers of the defendants. Mr. Smith, one of the attorneys for the plaintiff, was in the office at the time. The messenger rapped at the office door, and one of the clerks in the office opened it. The messenger thereupon delivered the copies to him in the hall…
1Opinion of the CourtLyoN, J.
1. The only manner in which effectual service of the answers could have been made was by delivering the-*514copies thereof personally to one of the attorneys of the plaintiff, or, in case of the absence of all of them from their office, by leaving such copies therein with their clerk, or a person having charge of their office. When the attempted service was made, one of those attorneys was in the office. Hence no valid service could be made without delivering the copies personally to such attorney. This was not done. The copies were not delivered in the office, and never came to the hands of…
2Cited by5 opinions
- Whereatt v. EllisWisconsin Supreme Court · 1887
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- Behl v. SchuetteWisconsin Supreme Court · 1897
- Russell v. PiperOregon Supreme Court · 1921
- Khatib v. FrennWisconsin Supreme Court · 1969