Sacotte v. Ideal-Werk Krug & Priester MacHinen-fabrik

359 N.W.2d 393, 121 Wis. 2d 401, 1984 Wisc. LEXIS 2890
CourtWisconsin Supreme Court
DecidedDecember 21, 1984
Docket83-1135
StatusPublished
Cited by28 cases

This text of 359 N.W.2d 393 (Sacotte v. Ideal-Werk Krug & Priester MacHinen-fabrik) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sacotte v. Ideal-Werk Krug & Priester MacHinen-fabrik, 359 N.W.2d 393, 121 Wis. 2d 401, 1984 Wisc. LEXIS 2890 (Wis. 1984).

Opinion

*403 LOUIS J. CECI, J.

This is a review of a decision of the court of appeals, 1 reversing an order of the circuit court for Marinette county, William M. Donovan, Circuit Judge, and remanding the matter for further action. We affirm the decision of the court of appeals.

The facts in this case are succinctly set out by the court of appeals as follows:

“Shirley Sacotte injured her fingers while using a paper cutter manufactured by Ideal-Werk. Ideal-Werk originally sold the cutter to Michael Business Machines Corporation, Ideal-Werk’s exclusive U.S. distributor. The cutter was eventually resold to Shirley’s employer. The Sacottes personally served Michael and made five unsuccessful attempts to personally serve Ideal-Werk’s U.S. counsel, Lawrence S. Lawrence. A copy of the summons and complaint was also sent by registered mail to Ideal-Werk’s office in Balingen, West Germany. Lawrence then spoke with the Sacottes’ attorney and confirmed by letter their agreement to extend the time for Ideal-Werk to ‘answer or otherwise move with respect to the complaint.’ ” Sacotte, 119 Wis. 2d at 16.

Ideal-Werk moved to dismiss the complaint for insufficient service of process and lack of personal jurisdiction. The trial court agreed with Ideal-Werk that service by registered mail on a foreign corporation is not sufficient to confer personal jurisdiction under Wisconsin Statutes, but held that Attorney Lawrence’s letter constituted a waiver of Ideal-Werk’s jurisdiction defense. The trial court found Ideal-Werk to be “. . . an active participant in the case.” As such, the court found it unnecessary to hold a hearing to determine if proper service had been effected through a different method.

The court of appeals concurred with the trial court’s finding that Sacottes’ service of Ideal-Werk by registered mail did not confer personal jurisdiction, but dis *404 agreed with the court’s conclusion that Ideal-Werk waived its jurisdictional defense. The court then discussed the issue of whether proper service was obtained by some other method. The court of appeals rejected Sacottes’ contention that, as an agent for Ideal-Werk, Attorney Lawrence’s avoidance of service estops IdealWerk from raising the jurisdiction defense, and then remanded the case for a hearing to determine whether Michael Business Machines Corporation, which was properly served, was either Ideal-Werk’s managing agent or an agent authorized by appointment or by law to accept service for Ideal-Werk. 2

Subsequently, the plaintiffs petitioned this court to review that portion of the court of appeals decision which held that service of a summons and complaint on a West German corporation by registered mail was insufficient to confer personal jurisdiction. We granted the petition by an order dated July 24,1984.

I.

In order for a Wisconsin court to exercise personal jurisdiction over a defendant, service of the summons and complaint must be made in the manner provided in *405 sec. 801.11, Stats. 3 Section 801.11(5), sets forth three methods by which service can be made upon domestic or foreign, corporations:

“(a) By personally serving the summons upon an officer, director or managing agent of the corporation either within or without this state. In lieu of delivering the copy of the summons to the officer specified, the copy may be left in the office of such officer, director or managing agent with the person who is apparently in charge of the office.
“(b) If with reasonable diligence the defendant cannot be served under par. (a), then the summons may be served upon an officer, director or managing agent of the corporation by publication and mailing as provided in sub. (1).
“(c) By serving the summons in a manner specified by any other statute upon the defendant or upon an agent authorized by appointment or by law to accept service of the summons for the defendant.”

The issue here is whether a foreign corporation can be personally served by receiving registered mail. This is a question of statutory construction, which is a question of law. State v. Clausen, 105 Wis. 2d 231, 243, 313 N.W.2d 819 (1982). “As to questions of law, an appellate court need not give special deference to determinations of the trial court.” DePratt v. West Bend Mut. Ins. Co., 113 Wis. 2d 306, 310, 334 N.W.2d 833 (1983).

*406 The rules of statutory construction are well established. “First and foremost among them is the rule that the purpose of engaging in statutory interpretation is to ascertain and give effect to the intent of the legislature.” Green Bay Redevelopment Authority v. Bee Frank, 120 Wis. 2d 402, 409, 355 N.W.2d 240 (1984), citing with approval Ball v. District No. 4, Area Board, 117 Wis. 2d 529, 537-38, 345 N.W.2d 389 (1984).

“In determining legislative intent, first resort is to the language of the statute itself. If the meaning of the statute is clear on its face, this court will not look outside the statute in applying it. Wis. Elec. Power Co. v. Public Service Comm., 110 Wis. 2d 530, 534, 329 N.W.2d 178 (1983).” In Interest of P.A.K., 119 Wis. 2d 871, 878, 350 N.W.2d 677 (1984).
“When the language of a statute is ambiguous or unclear, this court will examine the scope, history, context, subject matter and object of the statute in order to discern the intent of the legislature. . . . One further principle which must direct the court in construing a statute is that the court must interpret it in such a way as to avoid an absurd or unreasonable result.” Green Bay Redevelopment Authority, 120 Wis. 2d at 409 (citations omitted).

We first look to the language of sec. 801.11(5), Stats., and find that the meaning of the statute is clear. Our legislature has specifically excluded service by mail as a means of personal service. Section 801.11(5) (b), provides that, if with reasonable diligence the defendant cannot be personally served, service can be made by publication and mailing. We hold that our legislature did not intend to include service by mail as a method of personal service.

The plaintiff distinguishes between mail as we ordinarily know it and registered mail and asserts that in *407

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Bluebook (online)
359 N.W.2d 393, 121 Wis. 2d 401, 1984 Wisc. LEXIS 2890, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sacotte-v-ideal-werk-krug-priester-machinen-fabrik-wis-1984.