Mosing v. Hagen

Basically there are three issues presented by this appeal:(1) Does sec. 262.13 (3), Stats., require the court to declare the service of the summons void?(2) Did the deposit of the summons together with the transcription of a discovery deposition in a sealed envelope with the clerk of court constitute filing?(3) Was sec. 262.13 (3), Stats., properly noticed for hearing and is it a valid rule of court?

Sec. 262.13, Stats., in part, provides:

“Summons, filing. (1) The summons shall be filed with the clerk of the court in which the action is brought and the clerk’s fee and state suit tax, if…