American Food Products Co. v. Winter
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee county: J. 0. Ludwig, Circuit Judge. Iu this action A. G. Winter, Marsden Company, a corporation, American Milling Company, a corporation, and American Milling Company, a consolidated corporation, were named as defendants. A summons, notice, and affidavit for examination under sec. 4096, Stats.
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Appeal from an order of tbe circuit court for Milwaukee county: J. 0. Ludwig, Circuit Judge. Iu this action A. G. Winter, Marsden Company, a corporation, American Milling Company, a corporation, and American Milling Company, a consolidated corporation, were named as defendants. A summons, notice, and affidavit for examination under sec. 4096, Stats. (Laws of 1909, cb. 84), before issued joined, and a subpoma duces tecum to Winter, the appellant, were issued and served, as appellant claims, upon him only, and, as plaintiff claims, upon American Milling Company as well. The appellant presented…
1Opinion of the CourtKeRWIN, J.
Tbe contentions of tbe appellant are (1) tbat there is no action properly pending against tbe appellant personally; (2) no service of tbe summons has ever been made upon any other defendant, therefore there was an attempt to examine tbe appellant in tbe absence of due commencement of an action; (3) even assuming service upon defendant American Milling Company, there can be no cause of action against tbat company arising out of tbe transaction referred to in tbe affidavit maintainable in Wisconsin; (4) tbat tbe plaintiff is not entitled to examination for tbe reason tbat it now has all tbe…
2Cases cited9 opinions
- Phipps v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1907
- Voss v. StollWisconsin Supreme Court · 1910
- McGregor v. PearsonWisconsin Supreme Court · 1881
- Eureka Steam Heating Co. v. SlotemanWisconsin Supreme Court · 1886
- State v. Wisconsin Telephone Co.Wisconsin Supreme Court · 1908
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3Cited by2 opinions
- American Food Products Co. v. American Milling Co.Wisconsin Supreme Court · 1912
- Mallory v. WheelerWisconsin Supreme Court · 1912