Cleveland v. Burnham
Wisconsin Supreme Court
APPEAL from the County Court of Mihoaulcee County. The cause was before this court on former appeals and is last reported in 55 Wis., 598. The nature of the action may be ascertained from that report. After issue was joined in the action, the defendant Burn-ham was duly required by the plaintiff to appear before a court commissioner for examination, pursuant to R. S., 995, sec. 4096. He attended before the commissioner at the appointed time, and was examined.
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APPEAL from the County Court of Mihoaulcee County. The cause was before this court on former appeals and is last reported in 55 Wis., 598. The nature of the action may be ascertained from that report. After issue was joined in the action, the defendant Burn-ham was duly required by the plaintiff to appear before a court commissioner for examination, pursuant to R. S., 995, sec. 4096. He attended before the commissioner at the appointed time, and was examined. Under advice of his counsel he refused to answer certain questions put to him on behalf of the plaintiff. The commissioner thereupon…
1Opinion of the Court
*18The following opinion was filed October 23, 1883:
Lyon, J.
In Stuart v. Allen, 45 Wis., 158, the appeal was from an order made in a proceeding similar to that hero under consideration, in which the court ruled that a party in his examination before a commissioner, pursuant to sec. 55, ch. 137, R. S. 1858, and the amendments thereto, (2 Tay. Stats., 1602, § 81), rightfully refused to answer certain interrogatories put to him by the adverse party before the commissioner. It was held that such order was not appealable. The grounds of the decision are thus stated in the opinion by Mr. Justice…
2Cases cited6 opinions
- In re PierceWisconsin Supreme Court · 1878
- State ex rel. Lanning v. LonsdaleWisconsin Supreme Court · 1880
- In re MurpheyWisconsin Supreme Court · 1876
- Cleveland v. BurnhamWisconsin Supreme Court · 1882
- Lamonte v. PierceWisconsin Supreme Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Hawley v. WallaceSupreme Court of Minnesota · 1917
- Emerson v. HussWisconsin Supreme Court · 1906
- Kingsley v. Great Northern Railway Co.Wisconsin Supreme Court · 1895
- Frawley v. CosgroveWisconsin Supreme Court · 1892
- Hughes v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1904
11 more not listed; retrieve them via the Exa API.