Opinion
April 30, 1964 —
June 2, 1964.
APPEAL from an order of the county court of Milwaukee county: RUDOLPH J. MUDROCH, Judge. Reversed, with directions.
For the appellant the cause was argued by Robert D. Martinson, assistant attorney general, with whom on the brief were George Thompson, attorney general, and Walter J. Cole, deputy attorney general.
For the respondent there was a brief and oral argument by Richard L. Novotny of Milwaukee.
This appeal is by the Commissioner of Motor Vehicles, James L. Karns. Rosina Von Wald, the respondent, is the executrix and residuary legatee of the estate of Kenneth C. Von Wald. The respondent applied to the commissioner for the issuance of a certificate of title to a certain automobile which the respondent had transferred from herself as executrix to herself as an individual. The commissioner declined to make such transfer, and, accordingly, the respondent brought on for hearing an order to show cause why the commissioner should not issue such certificate of title.
Proceedings were had on the order to show cause on October 11, 1963, and at that time the commissioner appeared specially and moved to dismiss the proceedings because of lack of jurisdiction over the person of the commissioner. This motion was denied by the county court, in probate, by order dated October 25, 1963, and such order also directed the commissioner to issue a certificate of title to the transferee. The commissioner appealed from the whole of the order which decided both jurisdiction and the merits. Upon the appeal the commissioner also urges that there was a lack of jurisdiction in the trial court over the subject matter.
The county court was without jurisdiction over the person of Mr. Karns, and, accordingly, the order must be reversed.
Mr. Karns was served with an order to show cause, and upon the hearing he appeared specially, contending that there was no jurisdiction over his person. The trial court should have sustained the special appearance on such ground.
Under sec. 253.10(2)(a), Stats., the issuance of a formal certificate of title was not "necessary for the complete administration of the estate," and, therefore, the court acquired no jurisdiction over the appellant's person by the service of the order to show cause. Madison v. Pierce (1954), 266 Wis. 303, 306, 62 N.W.2d 910. In Eide v. Skerbeck (1943), 242 Wis. 474, 482, 8 N.W.2d 282, this court said:
"Jurisdiction of the person can only be acquired by service of a summons in the manner prescribed for personal service. This is plain and fundamental, even where motion to make one a party or order to show cause why one should not be made a party is personally served."
See also State v. Ramsay (1962), 16 Wis.2d 154, 166, 114 N.W.2d 118.
Since we have concluded that there was no jurisdiction over the person of Mr. Karns, we find no necessity for addressing ourselves to the question of whether there was jurisdiction over the subject matter.
By the Court. — Order reversed, with directions to dismiss the proceedings against the appellant.