Sullivan v. Ashland Light, Power & Street Railway Co.
Wisconsin Supreme Court
Appeal from orders of the circuit court for Ashland county: G. N. Risjokd, Circuit Judge. This is a proceeding for examination under sec. 4096, Stats.
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Appeal from orders of the circuit court for Ashland county: G. N. Risjokd, Circuit Judge. This is a proceeding for examination under sec. 4096, Stats. The appeal is from two orders, one refusing to dismiss the action as to all the defendants except A. E. Apple-yard, and the other ordering examination of said A. E. Ap-pleyard under sec. 4096. Tbe action was commenced by tbe service of a summons June 28, 1912, upon tbe Ashland Light, Power & Street Railway Company, Ashland Power Company, Ironwood & Bessemer Railway & Light Company, A. E. Appleyard, William II. Burgess, Howard W. Lcrng, and…
1Opinion of the CourtKeewiN, J.
The affidavit for examination of appellant is set ont in substance in the statement of facts, and is in compliance with the statute for examination before issue joined under sec. 4096, Stats., as amended. This remedial statute has been held by this court to be a highly beneficial one, and one to be liberally construed. Schmidt v. Menasha W. W. Co. 92 Wis. 529, 66 N. W. 695; Heckendorn v. Romadka, 138 Wis. 416, 120 N. W. 257.
If the facts stated in the affidavit are sufficient to show that the plaintiff may be entitled to recover against the defendant and that discovery is necessary in order to…
2Cases cited8 opinions
- City of Madison v. Madison Gas & Electric Co.Wisconsin Supreme Court · 1906
- Schultz v. StraussWisconsin Supreme Court · 1906
- American Food Products Co. v. American Milling Co.Wisconsin Supreme Court · 1912
- Gratz v. ParkerWisconsin Supreme Court · 1908
- Schmidt v. Menasha Wooden Ware Co.Wisconsin Supreme Court · 1896
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3Cited by4 opinions
- Milwaukee Corrugating Co. v. FlaggeWisconsin Supreme Court · 1920
- Singer Sewing Machine Co. v. LangWisconsin Supreme Court · 1925
- State Ex Rel. Wisconsin Bridge & Iron Co. v. SullivanWisconsin Supreme Court · 1944
- Stott v. MarkleWisconsin Supreme Court · 1934