Prentice v. Stefan
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. The following statement of the case was prepared by Mr. Justice Tayeor as a part of the opinion: This is an appeal from an order of the circuit court allowing the plaintiff and respondent to amend the summons and complaint in the action by substituting the names of Tom-kins & Merrill, attorneys of said circuit court, in lieu of A. C. Brown, to the summons and complaint, as attorneys of record, on the payment of $10 costs, and…
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APPEAL from the Circuit Court for Ashland County. The following statement of the case was prepared by Mr. Justice Tayeor as a part of the opinion: This is an appeal from an order of the circuit court allowing the plaintiff and respondent to amend the summons and complaint in the action by substituting the names of Tom-kins & Merrill, attorneys of said circuit court, in lieu of A. C. Brown, to the summons and complaint, as attorneys of record, on the payment of $10 costs, and serving on the defendant’s attorneys a copy of the summons and complaint as amended within twenty days from the date of…
1Opinion of the CourtTaylor, J.
We cannot see how the appellant is aggrieved by the order made by the circuit court. If the summons and complaint were not signed by either the plaintiff or by an attorney authorized to practice in our courts, and for that cause the defendant was entitled to have the service thereof set aside as irregular and void, the court has granted that relief. If it be objected^that the court had no power to direct the service of the amended summons and complaint upon the attorney of the defendant instead of upon the defendant in person, the defendant cannot be prejudiced by that order until the…
2Cases cited1 opinion
- Bonesteel v. OrvisWisconsin Supreme Court · 1868
3Cited by1 opinion
- Hammond-Chandler Lumber Co. v. Industrial CommissionWisconsin Supreme Court · 1916