Legal Opinion

Accounting Data, Inc. v. McMurtrie

Wisconsin Supreme Court

Decided May 17, 1977No. 75-437PublishedCited by 3 opinions

1Opinion of the CourtAbrahams On, J.

The issue on appeal is whether McMurtrie, a resident of Florida, asserting a counterclaim in a Marathon County, Wisconsin action, “instituted suit” in Wisconsin by means of his counterclaim so that he was subject to adverse examination in Marathon County pursuant to sec. 887.12(4), Stats., 1973. 1

The plaintiff, Accounting Data, Inc., commenced its action against the defendants, Donald McMurtrie and Colonial Builders & Supply, Ltd., in Marathon County in March, 1974. McMurtrie and Colonial Builders answered and counterclaimed. Accounting’s attorneys served upon McMurtrie’s Wisconsin attorney a…

2Cases cited6 opinions

  1. Cohens v. VirginiaSupreme Court of the United States · 1821
  2. In re BoothWisconsin Supreme Court · 1854
  3. Ocean Accident & Guaranty Corp. v. MayTexas Commission of Appeals · 1929
  4. Milwaukee Light, Heat & Traction Co. v. Ela Co.Wisconsin Supreme Court · 1910
  5. Blain v. BlainSupreme Court of Vermont · 1873

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Quin Blair Enterprises, Inc. v. Julien Construction Co.Wyoming Supreme Court · 1979
  2. Taranow v. BroksteinCalifornia Court of Appeal · 1982
  3. Varda v. General Motors Corp.Court of Appeals of Wisconsin · 2001

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