Heckendorn v. Romadka
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. Tbis is an action for tbe rescission and cancellation of tbe subscription for and tbe purchase of certain shares of stock in tbe defendant corporation (El Globo Mining and Milling Company) issued November 30, 1'906, and for tbe recovery of tbe money paid therefor, with interest, on tbe ground that tbe subscription and purchase of tbe stock were induced by tbe false and fraudulent…
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Appeal from an order of tbe circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. Tbis is an action for tbe rescission and cancellation of tbe subscription for and tbe purchase of certain shares of stock in tbe defendant corporation (El Globo Mining and Milling Company) issued November 30, 1'906, and for tbe recovery of tbe money paid therefor, with interest, on tbe ground that tbe subscription and purchase of tbe stock were induced by tbe false and fraudulent representations of tbe defendants. Th The defendant Romadka made an affidavit that he had never, directly or indirectly,…
1Opinion of the CourtSiebecker, J.
The purpose of respondent’s examination under sec. 4096, Stats. (Supp. 1906), is to enable plaintiff to frame his complaint. To entitle plaintiff to such an examination before issue joined, the notice thereof must be “accompanied by an affidavit of the party, his agent or attorney, stating the general nature and object of the action” and “the points upon which such discovery is desired.” The plaintiff attempted to fulfil these demands of the statute by the service of an affidavit stating that plaintiff seeks reimbursement for the damages he claims to have suffered through the alleged…
2Cases cited11 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Zinc Carbonate Co. v. First National Bank of ShullsburgWisconsin Supreme Court · 1899
- Mack v. . LattaNew York Court of Appeals · 1904
- Pittsburg Mining Co. v. SpoonerWisconsin Supreme Court · 1889
- City of Madison v. Madison Gas & Electric Co.Wisconsin Supreme Court · 1906
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3Cited by5 opinions
- Morse Chain Co. v. T. W. Meiklejohn, Inc.Wisconsin Supreme Court · 1941
- Denis v. Nu-Way Puncture Cure Co.Wisconsin Supreme Court · 1919
- Sullivan v. Ashland Light, Power & Street Railway Co.Wisconsin Supreme Court · 1913
- Mueller v. MichelsWisconsin Supreme Court · 1924
- Roper v. CrosierUtah Supreme Court · 1917