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U.S. Court of Appeals for the Seventh Circuit, 1939

Wisconsin Mut. Ins. v. Western Mut. Fire Ins.

Wisconsin Mut. Ins. v. Western Mut. Fire Ins.
U.S. Court of Appeals for the Seventh Circuit · Decided November 3, 1939
107 F.2d 402; 1939 U.S. App. LEXIS 2762 (Federal Reporter, Second Series)

Wisconsin Mut. Ins. v. Western Mut. Fire Ins.

Opinion of the Court

PER CURIAM.

Plaintiff instituted this suit in' the District Court for the Western District of Wisconsin, and defendant moved to quash service. Its motion was denied. Defendant thereupon appealed to this court, and plaintiff moved to dismiss the appeal because the order denying the motion to quash service is not appealable.

While the early authorities may have been somewhat conflicting, it is now clear that an order granting a motion to quash service is appealable.1 An order denying a motion to quash service is not appealable.2

The motion to dismiss is granted.

Rosenberg Bros. Co. v. Curtis Brown Co., 260 U.S. 516, 43 S.Ct. 170, 67 L.Ed. 372.

Church v. Church, 50 App.D.C. 239, 270 F. 361, 14 A.L.R. 769; Mellon v. Mertz, 58 App.D.C. 302, 30 F.2d 311; also, Longsdorf, Cyclopedia, Sec. 2605. Contra, see Kelley v. Smith Co., 8 Cir., 196 F. 466; Mandel Bros. v. Victory Belt Co., 7 Cir., 15 F.2d 610.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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