Hathaway v. Bruggink
Wisconsin Supreme Court
Appeal from an order of the circuit court for Dodge county: Martin L. Lueck, Circuit Judge. The appeal is from an order denying an application to restrain plaintiff from proceeding under sec. 4096, Stats., in a proposed examination of certain defendants before pleading.
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Appeal from an order of the circuit court for Dodge county: Martin L. Lueck, Circuit Judge. The appeal is from an order denying an application to restrain plaintiff from proceeding under sec. 4096, Stats., in a proposed examination of certain defendants before pleading. The plaintiff commenced an action by summons and sought to examine the defendants George R. Mayhew and Garret Bruggink before pleading under the provisions of sec. 4096. Plaintiff’s affidavit upon which such examination was proposed to be had alleged in substance: That plaintiff, of good name, fame, and reputation, was at the…
1Opinion of the CourtEschweiler, J.
The only proposition urged by defendants on this appeal is that the letter in question is within the class of absolutely privileged communications and for that reason cannot be made the basis of an action for libel. If it be such, then it necessarily follows that no right to the proposed examination of defendants under sec. 4096, Stats., could be predicated upon it under the unquestioned rule in this state. State v. Milwaukee E. R. & L. Co. 136 Wis. 179, 116 N. W. 900.
Plaintiff insists that the communication in question neither charges the violation of any law nor does it ask for any specific…
2Cases cited15 opinions
- In Re Quarles and ButlerSupreme Court of the United States · 1895
- Schultz v. StraussWisconsin Supreme Court · 1906
- Connellee v. BlantonCourt of Appeals of Texas · 1913
- Arnold v. IngramWisconsin Supreme Court · 1913
- State v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1908
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3Cited by6 opinions
- Lisowski v. ChenenoffWisconsin Supreme Court · 1968
- Bergman v. HupyWisconsin Supreme Court · 1974
- Ex Parte NolenSupreme Court of Alabama · 1931
- Milwaukee Corrugating Co. v. FlaggeWisconsin Supreme Court · 1920
- Otten v. SchuttWisconsin Supreme Court · 1962
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