Schlesinger v. Ellinger
Wisconsin Supreme Court
Appeal from an order of the circuit court for Waukesha county: James J. Dick, Circuit Judge. The appeal is from a determination refusing to vacate an order for the production of books and papers and staying proceedings until compliance therewith. The Federal Bank of New York, a state corporation, was duly closed by the New York state banking department April 14, 1904-, and plaintiff was duly appointed receiver.
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Appeal from an order of the circuit court for Waukesha county: James J. Dick, Circuit Judge. The appeal is from a determination refusing to vacate an order for the production of books and papers and staying proceedings until compliance therewith. The Federal Bank of New York, a state corporation, was duly closed by the New York state banking department April 14, 1904-, and plaintiff was duly appointed receiver. There came to his hands through the superintendent of such banking department as part of the assets of the bank two notes against the defendant, each for $3,750, dated January 15,…
1Opinion of the CourtMaeshall, J.
It is conceded, as it must be, tbat the lower court was not warranted in refusing to vacate the order requiring production of books and papers, if the 'prima facie showing made in the moving papers for such order, tbat such books and papers were in the possession or under the control of plaintiff, was fully rebutted.
The proceedings were governed by sec. 4183, Stats. (1898). Tbat only authorizes compulsqry permission of one party to an action to inspect and take copies of “books, papers and documents in” the “possession or under” the “control” of the adverse party “relating to the merits of…
2Cases cited10 opinions
- Hoyt v. American Exchange BankThe Superior Court of New York City · 1853
- Woods v. De FiganiereThe Superior Court of New York City · 1863
- Fidelity & Casualty Co. v. F. W. Seagrist, Jr., Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Fidelity & Casualty Co. v. F. W. Seagrist, Jr., Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Perrow v. LindsayNew York Supreme Court · 1889
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3Cited by2 opinions
- Worthington Pump & Machinery Corp. v. Northwestern Iron Co.Wisconsin Supreme Court · 1922
- Winslow v. WinslowWisconsin Supreme Court · 1949