Cousins v. Schroeder
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: E. T. Fairchild, Circuit Judge. ■ This action was brought by A. E. Kuolt, former commissioner of banking of the state, to recover of the defendants, as directors and personal representatives of directors of the now defunct Citizens Savings & Trust'Company bank of Milwaukee (hereafter called the Trust Company), for alleged delinquencies in office as directors, resulting in loss and dissipation of the assets and…
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Appeal from an order of the circuit court for Milwaukee county: E. T. Fairchild, Circuit Judge. ■ This action was brought by A. E. Kuolt, former commissioner of banking of the state, to recover of the defendants, as directors and personal representatives of directors of the now defunct Citizens Savings & Trust'Company bank of Milwaukee (hereafter called the Trust Company), for alleged delinquencies in office as directors, resulting in loss and dissipation of the assets and capital of the banking corporation. Mr. Kuolt was succeeded by the present plaintiff, who continued the action against…
1Opinion of the CourtSiebecker, J.
The circuit court commissioner and the circuit court held that an examination of a party to an action “otherwise than as a witness on a trial” under sec. 4096, Stats., which “may be taken by deposition at the instance of the adverse party in any action or proceeding, at any time after commencement thereof and before judgment,” is in substance and effect calling the party as a witness on a “trial in a court of justice” within the contemplation of the provisions of sec. 2020, Stats. This interpretation of sec. 4096 is contrary to the evident intent expressed by the words of the statute. The…
2Cases cited1 opinion
- Carpenter v. WinnSupreme Court of the United States · 1911
3Cited by12 opinions
- Schwenker v. TeasdaleWisconsin Supreme Court · 1931
- State Ex Rel. St. Mary's Hospital v. Industrial CommissionWisconsin Supreme Court · 1947
- Cunningham v. Adair CountySupreme Court of Iowa · 1921
- Smith v. Jones CountySupreme Court of Iowa · 1921
- Cherry Grove Savings & Loan Co. v. Ohio Deposit Guarantee FundClermont County Court of Common Pleas · 1986
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