Township of Westport v. City of Madison
Wisconsin Supreme Court
1Opinion of the CourtFairchild, J.
Appellants’ contention that the first service of summons was valid cannot be maintained. Sec. 262.09 (2), Stats., specifically provides that service shall be had on either the mayor or city clerk of a city, and sec. 262.09 (1) provides that “in lieu of delivering the copy to. the officer specified, the copy may be left in his office with the person who is apparently in charge of the office.” The statute must be strictly complied with and failure to serve the summons in the manner prescribed by statute left the summons unserved and the attempted service was properly quashed.
■ The question is…
2Cases cited3 opinions
- Hammond-Chandler Lumber Co. v. Industrial CommissionWisconsin Supreme Court · 1916
- State Ex Rel. City of Madison v. WalshWisconsin Supreme Court · 1945
- Zielica v. WorzallaWisconsin Supreme Court · 1916
3Cited by9 opinions
- Howard v. PrestonWisconsin Supreme Court · 1966
- Milwaukee County v. Schmidt, Garden & EriksonWisconsin Supreme Court · 1967
- Tarczynski v. CHICAGO, M., ST. P. & PR CO.Wisconsin Supreme Court · 1952
- J.M.S. Ex Rel. Webb v. BensonCourt of Appeals of Wisconsin · 1979
- Rosenthal v. RosenthalWisconsin Supreme Court · 1961
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