Gratz v. Parker
Wisconsin Supreme Court
Appeal from an. order of the circuit court for Waukesha ■county: MaetiN L. Luece, Circuit Judge. This is an appeal from an order requiring the defendant Adeline Pwriter to submit to an examination as an adverse party under the provisions of sec. 4096, Stats. (1898), in •order to enable the plaintiff to frame her complaint.
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Appeal from an. order of the circuit court for Waukesha ■county: MaetiN L. Luece, Circuit Judge. This is an appeal from an order requiring the defendant Adeline Pwriter to submit to an examination as an adverse party under the provisions of sec. 4096, Stats. (1898), in •order to enable the plaintiff to frame her complaint. The .affidavit setting forth the points upon which discovery was sought recited, among other things, that the action was brought by the plaintiff to recover, of the defendants, and each of them, the value of certain goods, wares, and merchandise which were stored by the…
1Opinion of the CourtBakNes, J.
The appellant insists that the order appealed from is erroneous (1) because a former judgment, rendered in an action brought by the same plaintiff against the defendant Adeline Parker upon the same cause of action, is res adjudícala as to the rights of the parties, and no examination should be permitted; (2) because the affidavit upon which the order for examination was based fails to state facts sufficient to constitute a cause of action; and (3) because the affidavit fails to allege that the facts upon which the testimony of the defendant is sought are not within the personal knowledge of…
2Cases cited9 opinions
- City of Madison v. Madison Gas & Electric Co.Wisconsin Supreme Court · 1906
- Schultz v. StraussWisconsin Supreme Court · 1906
- Gates v. ParmlyWisconsin Supreme Court · 1896
- State v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1908
- Gummer v. Trustees of OmroWisconsin Supreme Court · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Milwaukee Corrugating Co. v. FlaggeWisconsin Supreme Court · 1920
- American Food Products Co. v. American Milling Co.Wisconsin Supreme Court · 1912
- Klapinski v. PolewskiWisconsin Supreme Court · 1963
- Strehlau v. John Schroeder Lumber Co.Wisconsin Supreme Court · 1913
- Krueger v. WintersWisconsin Supreme Court · 1967
5 more not listed; retrieve them via the Exa API.