State v. Baetz
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Plaintiff sues to recover interest moneys on state funds deposited in banks, alleged to have been received by defendant Baetz while state treasurer, and not accounted for. The remaining defendants are sureties upon Baetz's official bond. The summons was served without complaint, and an affidavit was also served, upon which notice of the examination of defendants Baetz, Pabst, and Pritzlaffi under sec. 4096, S. & E. Ann.
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APPEAL from the Circuit Court for Dane County. Plaintiff sues to recover interest moneys on state funds deposited in banks, alleged to have been received by defendant Baetz while state treasurer, and not accounted for. The remaining defendants are sureties upon Baetz's official bond. The summons was served without complaint, and an affidavit was also served, upon which notice of the examination of defendants Baetz, Pabst, and Pritzlaffi under sec. 4096, S. & E. Ann. Stats.,1 was given. The affidavit was long and showed that, while plaintiff knew the aggregate amounts of moneys deposited in…
1Opinion of the CourtWinslow, J.
Doubtless the plaintiff could frame some sort of a complaint without the examination applied for. *31It is manifest, however, that such complaint would be entirely indefinite as to amounts claimed, and would have to be framed in the most general way. Ve see no good reason why the proposed examination should not be had, in order that the complaint may, if possible, be made definite and certain in the particulars concerning which discovery is sought.
This court has uniformly given this statute a broad and liberal construction in favor of the right conferred by it as to all matters relevant to the…
2Cases cited2 opinions
- Kelly v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- Nichols v. MoGeochWisconsin Supreme Court · 1890
3Cited by3 opinions
- Ellinger v. Equitable Life Assurance Society of the United StatesWisconsin Supreme Court · 1905
- Ellinger v. Equitable Life Assurance Society of the United StatesWisconsin Supreme Court · 1907
- Abercrombie v. United Light & Power Co.District Court, D. Maryland · 1934