Noonan v. Orton & McNab
Wisconsin Supreme Court
APPEAL from tbe County Court of Milwaukee County. Tbe defendants appealed from an order of tbe county court, tbe character of which is stated in the opinion.
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APPEAL from tbe County Court of Milwaukee County. Tbe defendants appealed from an order of tbe county court, tbe character of which is stated in the opinion. John J. Orton, one of the defendants, in person, to the point that the application should be by petition, and not by affidavit, cited Eule 6, Eules of 1857 ; Eule 55, Eules of 1849 ; 6 How., 898; 5 id., 451; 2 Sandf., 662; N. Y. Code, 735, see. 88, and cases cited. 2. To tbe point that the affidavits should disclose the facts fully, so as to enable the court to judge of the necessity and relevancy of the evidence sought, he cited 1 Duer,…
1Opinion of the CourtCole, J.
The question as to the appealability of this order has already been decided, and nothing further need be said upon that point. We will therefore now proceed to consider the order on its merits.
The order in effect requires the defendants, within twenty days after the service of the same upon them, to deliver to the attorney of the plaintiff a sworn copy of the written contract or contracts by which the defendant McNab sold and transferred to his co-defendant the whole or any part of his interest in the partnership property of the late-firm of Noonan and McNab, or by which Orton acquired an…
2Cited by2 opinions
- Ellinger v. Equitable Life Assurance Society of the United StatesWisconsin Supreme Court · 1907
- Kraus v. Sentinel Co.Wisconsin Supreme Court · 1885