Gallun v. Hibernia Bank & Trust Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: Walter Schinz, Circuit Judge. This action was begun to recover damages alleged to have grown out of a real-estate transaction between the plaintiff and defendant.
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Appeal from an order of the circuit court for Milwaukee county: Walter Schinz, Circuit Judge. This action was begun to recover damages alleged to have grown out of a real-estate transaction between the plaintiff and defendant. The case being at issue, plaintiff sought to examine Fred W. Ellsworth, one of the vice-presidents of the defendant company, who was at the time in the city of Milwaukee in attendance upon a national convention of the associated advertising clubs of the world, held in Milwaukee the week beginning June 11, 1922. The defendant is a corporation having its principal office…
1Opinion of the CourtRosenberry, J.
As we view this case there is now but one question before this court, and that is whether or not the witness, Fred W. Ellsworth, was properly served with the subpcena. While the order does not recite upon what ground the service was set aside and the subpcena suppressed, it would follow that if the service were set aside then the subpoena must be suppressed. The subpoena was not served by an.office'r but by a process server. The facts are not in substantial dispute. Proof of service was made by affidavit. The facts relating to the service are as follows:
“That on the 14th day of June, 1922, he…
2Cases cited3 opinions
- American Food Products Co. v. American Milling Co.Wisconsin Supreme Court · 1912
- Borden v. BordenWisconsin Supreme Court · 1885
- Kentucky Finance Corp. v. Paramount Auto Exchange Corp.Wisconsin Supreme Court · 1920
3Cited by3 opinions
- Boeck v. State Highway CommissionWisconsin Supreme Court · 1967
- In re BarbaraAppellate Division of the Supreme Court of the State of New York · 1959
- Mikkelsen v. McDonaldAppellate Court of Illinois · 1948