171 Wis. 266 | Wis. | 1920
The defendant has moved to dismiss the appeal for the reason that no bill of exceptions was settled. It is the contention of the defendant that sec. 2872, Stats. 1917, which provides that written exceptions to orders made before judgment may be filed with the clerk with a written notice of entry of same, and be incorporated with the bill of exceptions, which may thereafter be settled, requires a bill of exceptions to be settled in order to have a review of the ruling of the trial court upon appeal from an order.
The motion to set aside the service of the summons and complaint was based upon the affidavit of J. P. Dooley, upon the summons returned, upon return of service thereon, and upon the records and proceedings in the action. Upon the hearing there was filed in opposition to the motion the
Upon the merits one question is presented; Was J. P. Dooley at the time of the service of the summons and complaint upon him the freight agent of the Great Northern Railway Company? Sub. (6), sec. 2637, Stats. 1917, provides that service may be had against a railway company upon the station, freight, or ticket agent of the company who shall reside within the county.
A decision of this question involves a consideration of the status of the railway company, its officers, agents, and employees during the period of federal control. The federal control act (40 U. S. Stats, at Large, 451, ch. 25) provided that carriers “while under federal control shall be subject to all laws and liabilities as common carriers, whether arising under state or federal laws or at common law, except in
While the President took absolute and undivided control of the carriers of the country, and while during the period of federal control they were wholly and absolutely within the jurisdiction of the federal government acting through the proper executive agencies, the purpose of the proclamation, as well as. the clear intent and purpose of the law, was
By the-Court. — The order appealed from is reversed, and the cause remanded for further- proceedings according to law.