Fehrenbach v. Fehrenbach

It is argued that noncompliance with sec. 262.13 (3), Stats., does not require a dismissal when jurisdiction over the person has been acquired by a general appearance and that sec. 262.13 (3) is invalid as a rule of this court because it affects a substantive right of a party and is therefore beyond the scope of this court’s rule-making power under sec. 251.18.

We have previously decided the creation of the rule, sec. 262.13 (3), Stats., 1 was within this court’s rule-making power. It regulates the practice and procedure in judicial proceedings and attempts to improve the efficient…