Legal Opinion
Rohleder v. Wright
Wisconsin Supreme Court
Decided March 14, 1916PublishedCited by 1 opinion
Appeal from an order of tbe circuit court- for Milwaukee county: W. J. TueNee, Circuit Judge. Action for malpractice, brought by an infant about three years of age. Tbe father of tbe infant was appointed guardian ad litem, and tbe defendant sought to examine him under sec. 4096, Stats. 1915. Tbe court upon motion ordered the examination dismissed and enjoined further proceedings therein. Erom such order tbe defendant appealed.
1Opinion of the CourtVihje, J.
This appeal presents tbe question of whether a guardian ad litem is subject to an examination under sec. 4096, Stats. 1915. Said section provides that
“No action to obtain a discovery under oath, in aid of prosecution or defense of another action, shall be allowed; but the examination of the party, his or its assignor, officer, agent, or employee, or of the person who was such officer, agent, or employee, at the time of the occurrence of the facts made the subject of the examination, . . . otherwise than as a witness on a trial, may be taken by deposition at the instance of the adverse party…
2Cases cited13 opinions
- Cowie v. StrohmeyerWisconsin Supreme Court · 1912
- Whereatt v. EllisWisconsin Supreme Court · 1886
- Kelly v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- O'Shea v. WilkinsonCalifornia Supreme Court · 1892
- Cleveland v. BurnhamWisconsin Supreme Court · 1884
8 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Scheiderer v. A. George Schulz Co.Wisconsin Supreme Court · 1919