Schmidt v. Menasha Wooden Ware Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for. Winnebago ■county: Geo. W. BukNell, Circuit Judge. This action was brought by the plaintiff, as administratrix -of the estate of her deceased husband, Christ Schmidt, to recover damages against the defendants for causing his death by their negligence while he was in the employ of the defendant company of which the defendant Noble was superintendent. 'The plaintiff sought to examine the said Noble and the officers of the Wooden…
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Appeal from an order of the circuit court for. Winnebago ■county: Geo. W. BukNell, Circuit Judge. This action was brought by the plaintiff, as administratrix -of the estate of her deceased husband, Christ Schmidt, to recover damages against the defendants for causing his death by their negligence while he was in the employ of the defendant company of which the defendant Noble was superintendent. 'The plaintiff sought to examine the said Noble and the officers of the Wooden Ware Company under see-4096, S. & B. Ann. Stats., to enable ber to plead, and had served notice and summons on the said…
1Opinion of the CourtPiitoey, J.
The statute (sec. 4096, S. & B. Ann. Stats.) secured, as therein provided, to the plaintiff, the right to make the proposed examination as to any matter relevant to the controversy indicated in her affidavit, and she was entitled to have it any time after the commencement of the action and before judgment. The affidavit required by the statute for the examination before issue joined is to limit the scope of the inquiry to facts relevant to the points stated in it, and to enable the court or judge, in his discretion, to still further limit the subjects to which the examination shall extend.…
2Cases cited6 opinions
- Whereatt v. EllisWisconsin Supreme Court · 1886
- Kelly v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- Cleveland v. BurnhamWisconsin Supreme Court · 1884
- Frawley v. CosgroveWisconsin Supreme Court · 1892
- Richards v. AllisWisconsin Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hughes v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1904
- Ellinger v. Equitable Life Assurance Society of the United StatesWisconsin Supreme Court · 1905
- Gratz v. ParkerWisconsin Supreme Court · 1908
- Horlick's Malted Milk Co. v. A. Spiegel Co.Wisconsin Supreme Court · 1913
- Heckendorn v. RomadkaWisconsin Supreme Court · 1909
4 more not listed; retrieve them via the Exa API.