From Casetext: Smarter Legal Research

Wisconsin Mut. Ins. Co. v. W. Mut. Fire Ins. Co.

Circuit Court of Appeals, Seventh Circuit
Nov 3, 1939
107 F.2d 402 (7th Cir. 1939)

Opinion

No. 7081.

November 3, 1939.

Appeal from the District Court of the United States for the Western District of Wisconsin; Patrick T. Stone, Judge.

Suit by the Wisconsin Mutual Insurance Company against the Western Mutual Fire Insurance Company. From an order denying a motion to quash service, defendant appeals. On plaintiff's motion to dismiss the appeal.

Motion granted.

Glen H. Bell, of Madison, Wis., for appellant.

Suel O. Arnold, of Milwaukee, Wis., for appellee.

Before EVANS, MAJOR, and KERNER, Circuit Judges.


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. An order denying a motion to quash service is not appealable.

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.

The motion to dismiss is granted.


Summaries of

Wisconsin Mut. Ins. Co. v. W. Mut. Fire Ins. Co.

Circuit Court of Appeals, Seventh Circuit
Nov 3, 1939
107 F.2d 402 (7th Cir. 1939)
Case details for

Wisconsin Mut. Ins. Co. v. W. Mut. Fire Ins. Co.

Case Details

Full title:WISCONSIN MUT. INS. CO. v. WESTERN MUT. FIRE INS. CO

Court:Circuit Court of Appeals, Seventh Circuit

Date published: Nov 3, 1939

Citations

107 F.2d 402 (7th Cir. 1939)

Citing Cases

Zuckerman v. McCulley

That order was a final and appealable order. Rosenberg Bros. Company, Inc., v. Curtis Brown Company, 260 U.S.…

Edwin Raphael Company v. Maharam Fabrics Corp.

Defendant argues the order appealed from is not an appealable order. However, it is well established that an…