Blossom v. Ludington
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. This appeal was taken by Ludington from an order granting plaintiff leave to examine him under oath, before a commissioner, on a notice of five days, upon written interrogatories to be proposed by the plaintiff and settled and allowed by the court.
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APPEAL from the Circuit Court for Milwaukee County. This appeal was taken by Ludington from an order granting plaintiff leave to examine him under oath, before a commissioner, on a notice of five days, upon written interrogatories to be proposed by the plaintiff and settled and allowed by the court. The circumstances under which the order was made will appear from the opinion. argued that under our statute (R S., ch. 137, secs. 54, 55), a party may be compelled to give testimony in the action in the same manner and subject to the same rules of examination as any other witness ; the…
1Opinion of the CourtCole, J.
This is an appeal from an order of tbe circuit court granting leave to tbe plaintiff to examine tbe defendant James Ludington before a commissioner, on written interrogatories to be settled and allowed by tbe court or tbe judge thereof, upon notice to the defendants. No issue has been formed in tbe action. The order is founded upon tbe complaint and the demurrers thereto, and the affidavit of the plaintiff, in which be states that be is informed by bis counsel and verily believes that it is important that be should examine said Ludington on tbe subject of tbe transfer of tbe mortgages…
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