Milwaukee Corrugating Co. v. Flagge
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: John J. Gregory, Circuit Judge. The appeal is from an order denying a motion to suppress an adverse examination of defendant Flagge under sec. 4096, Stats. The plaintiff brought action against Flagge, the Northern Corrugating Company, and three other defendants by the service of a summons alone.
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Appeal from an order of the circuit court for Milwaukee county: John J. Gregory, Circuit Judge. The appeal is from an order denying a motion to suppress an adverse examination of defendant Flagge under sec. 4096, Stats. The plaintiff brought action against Flagge, the Northern Corrugating Company, and three other defendants by the service of a summons alone. It then filed an affidavit for the purpose of obtaining an adverse examination of the defendant Flagge in order to enable it to plead, and, in the affidavit, alleged that the general nature and object of the action “is one brought by the…
1Opinion of the CourtWinslow, C. J.
A motion to dismiss is made on the ground that the order in question is not appealable, and this must be first examined.
If appealable, it must be because it is either “a final order *494affecting a substantial right made in special proceedings,” or an order granting or continuing a provisional remedy. Sub. (2), (3.), sec..3069, Stats. ‘
Examination of the question convinces us that our decisions are in serious confusion upon it. Twice at least it has been said that an adverse examination under sec. 4096 is both a provisional remedy and a special proceeding. Phipps v. Wis. Cent. R. Co. 130 Wis.…
2Cases cited12 opinions
- In re Organization & of the Bonds of the Central Irrigation DistrictCalifornia Supreme Court · 1897
- State ex rel. Heinze v. District Court of the Second Judicial DistrictMontana Supreme Court · 1903
- State v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1908
- Phipps v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1907
- Karel v. ConlanWisconsin Supreme Court · 1913
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Converters Equipment Corp. v. Condes Corp.Wisconsin Supreme Court · 1977
- Surina v. BuckalewAlaska Supreme Court · 1981
- In re PhelanWisconsin Supreme Court · 1937
- State Ex Rel. Walling v. SullivanWisconsin Supreme Court · 1944
- Hyslop v. HyslopWisconsin Supreme Court · 1940
13 more not listed; retrieve them via the Exa API.