Hiller v. Perssion

The sole question for determination in this case is the sufficiency of the affidavit under the provisions of sec. 326.12 (4), Stats. That section reads as follows:

“If discovery is sought, to enable the plaintiff to frame a complaint, the notice of taking the examination shall be accompanied by the affidavit of himself, his attorney or agent, stating the general nature and object of the action or proceeding; that discovery is sought to enable him to plead, and the subjects upon which information is desired; and the examination relative thereto shall be permitted unless the court or presiding…