Stott v. Markle

The plaintiff, after service of a summons in a circuit court action naming L. Brooks Leavitt and fifteen others as defendants, duly served a notice on Leavitt and each of two other defendants that they wpuld be examined before a court commissioner “otherwise than as witnesses on a trial” under sec. 326.12, Stats. A subpoena duces tecum was issued by the court commissioner requiring attendance of the three defendants and the production of papers as indicated in the foregoing statement of facts. The purpose of the examination of the defendants as stated in the affidavit attached to the notice…