Nichols v. MoGeoch
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The appeal is by the defendant McGeoeh from an order refusing to require the plaintiff to produce certain books of account upon his examination before commissioners pursuant to sec. 4096, R. S. The facts will sufficiently appear from the opinion.
1Opinion of the Court
Cole, O. J.
We think the defendants were entitled to have an order requiring the plaintiff to produce his books *361and submit them for examination,in accordance with the prayer contained in the affidavit of Mr. Miller, which was used in support of the rule to show cause. Both Mr. Miller and Mr. McGeoch, in their affidavits, state that it is absolutely necessary to examine these books in order to prepare for the trial of the defense set up in the answer.
The action is to recover the balance due on an account involving various contracts and transactions between the plaintiff and the firm of McGeoch,…
2Cases cited2 opinions
- Kelly v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- Cleveland v. BurnhamWisconsin Supreme Court · 1884
3Cited by4 opinions
- Ellinger v. Equitable Life Assurance Society of the United StatesWisconsin Supreme Court · 1905
- Schmidt v. Menasha Wooden Ware Co.Wisconsin Supreme Court · 1896
- State v. BaetzWisconsin Supreme Court · 1893
- Rohleder v. WrightWisconsin Supreme Court · 1916