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eBook details

• Title: Sorenson v. Stowers Et Al. (Two Cases)
• Author : Supreme Court of Wisconsin
• Release Date : January 18, 1947
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

Plaintiff and appellant La Marr Sorenson and plaintiff and appellant Pearl Sorenson commenced separate actions against Charles Stowers and Milwaukee Automobile Insurance Company, Limited, defendants and appellants, and George W. Emmert, defendant and respondent, to recover damages for personal injuries suffered by reason of a collision of cars driven by the defendants Emmert and Stowers and the Sorenson car. The collision occurred August 6, 1939, on a public highway in Milwaukee county, and action was commenced August 4, 1941. Defendant Emmert appeared specially in all proceedings in the trial court and moved to set aside and vacate the service of summons and complaint for the reason that plaintiffs failed to comply with the statute under which it was attempted to obtain the service relied upon, defendant Emmert being a non-resident of the state. The trial court, after hearing, ordered the purported service on the defendant Emmert in each action be set aside and both actions be dismissed as to him. Plaintiff La Marr Sorenson appeals from the order entered in the action in which he is plaintiff, and Pearl Sorenson appeals from the order entered in the action in which she is plaintiff, and defendants Charles Stowers and Milwaukee Automobile Insurance Company, Limited, appeal from both orders. An accident report was made to the Milwaukee county sheriff's department as required by law, which report gave the address of George W. Emmert as 'Warren, Michigan,' and a supplementary report of the officer investigating the collision gave the same information. It is undisputed that Emmert's address and residence at that time was Warren, Michigan. In the fall of 1939 he disposed of his business there and entered into business in Chicago, having business and residence addresses which were listed in the Chicago directories at all times after he moved to Chicago. His affidavit states that before leaving Warren, Michigan, in the fall of 1939, he left a forwarding address with the United States postal department, which was never countermanded or changed. Mail addressed to him at Warren, Michigan, was at times delivered to his successor in business there. During the month of April, 1941, plaintiffs' Chicago counsel wrote a letter to defendant Emmert and addressed it to him at Warren, Michigan, which letter was returned with the envelope opened, containing a slip stating 'Opened by mistake.' This was placed in an envelope with the name 'George W. Emmert, Warren, Michigan' on the back of it, which envelope was addressed to the office of the Chicago attorneys who wrote the letter to Emmert.

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