State ex el. Nelson v. Grimm

The petitioner contends that he is entitled to a writ of prohibition, (1) because the court commissioner had no power to make an order of interpleader, and (2) because the order to show cause and the accompanying affidavits were addressed to a place of business which was not and never had been his post-office address. The defendant France and the plaintiff contend, (3) that although the order of interpleader was void, the plaintiff had the right to amend his summons and complaint regardless of the order, and that having done so and having served them pursuant to *635sec. 85.05 (3), Stats., the…