Ellinger v. Equitable Life Assurance Society of the United States
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee-county: WaeeeN D. TaeuaNT, Circuit Judge. This action was commenced July 29, 1904, by tbe service of a summons upon tbe defendant.
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Appeal from an order of tbe circuit court for Milwaukee-county: WaeeeN D. TaeuaNT, Circuit Judge. This action was commenced July 29, 1904, by tbe service of a summons upon tbe defendant. It appears from an affidavit of one of tbe attorneys for tbe plaintiff, made September 20, 1904, tbat tbe action is upon a policy of insurance-issued by tbe defendant to tbe plaintiff March 11, 1884, which by its terms matured March 10, 1904, and upon which tbe plaintiff paid an annual premium of $410.85 in advance, and was induced to make tbe contract by statements to the-effect tbat upon maturity of tbe…
1Opinion of the CourtCassoday, C. J.
The trial court refused to allow the defendant to examine the plaintiff, as an adverse party, under sec. 4096, Stats. 1898, in the proceedings instituted- by tlie plaintiff to compel the defendant to produce its books and papers for inspection or to furnish sworn copies thereof. In other words, the trial court stayed all proceedings on the part of the defendant under that section until after the matter of inspecting books and papers and the furnishing of sworn copies thereof should be fully determined by the court. This-was put on the ground that the section mentioned had no application to a…
2Cases cited15 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- State ex rel. Risch v. Board of Trustees of the Policemen's Pension FundWisconsin Supreme Court · 1904
- Strom v. Montana Central Railway Co.Supreme Court of Minnesota · 1900
- Noonan v. OrtonWisconsin Supreme Court · 1871
- In re Guardianship of WelchWisconsin Supreme Court · 1900
10 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Phipps v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1907
- City of Appleton v. SauerWisconsin Supreme Court · 1956
- Hudson v. GraffWisconsin Supreme Court · 1948
- Ellinger v. Equitable Life Assurance Society of the United StatesWisconsin Supreme Court · 1907
- Ellinger v. Equitable Life Assurance Society of the United StatesWisconsin Supreme Court · 1909
6 more not listed; retrieve them via the Exa API.