Maloney v. McCormick

It is claimed on behalf of the plaintiff that neither of the defendants has any standing in court. Such claim is based upon the fact that previous to the trial the plaintiff sought to examine the defendant McCormick adversely under sec. 4096, Stats. He was" then incarcerated in the state prison at Waupun. Though the proceedings for his examination were lawful and regular he refused to testify, and it appears that his attorney, representing both himself and the surety, approved and assented to' such refusal. Sub. 1 of sec. 4097 provides:

“If any party lawfully required to appear and testify, as…