Legal Opinion

Ellinger v. Equitable Life Assurance Society of the United States

Wisconsin Supreme Court

Decided March 9, 1909PublishedCited by 6 opinions

Appeal from an order of tbe circuit court for Milwaukee countj: Warren D. Tarrant, Circuit Judge. Tbe appeal is from an ordei" staying and restraining a proceeding by tbe plaintiff to examine tbe defendant’s actuary before issue joined, under sec. 4096., Stats. (1898), as amended by cb. 29, Laws of 1899, and cb. 244, Laws of 1901. Among other references upon tbe part of tbe appellant were tbe following: Sec. 4183, Stats.

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Appeal from an order of tbe circuit court for Milwaukee countj: Warren D. Tarrant, Circuit Judge. Tbe appeal is from an ordei" staying and restraining a proceeding by tbe plaintiff to examine tbe defendant’s actuary before issue joined, under sec. 4096., Stats. (1898), as amended by cb. 29, Laws of 1899, and cb. 244, Laws of 1901. Among other references upon tbe part of tbe appellant were tbe following: Sec. 4183, Stats. (1898); Schmidt v. Mena-sha W. W. Go. 92 Wis. 529, 66 N.. W. 695; State v. Baetz, 86 Wis. 29, 56 N. W. 329; Williams M.& B. Go. v. Raynor, 38 Wis. 132; Phipps v. Wis. Gent.…

1Opinion of the CourtTimlin, J.

This cause was before the court in 125 Wis. 643, 104 N. W. 811, where, in a proceeding by the plaintiff under sec. 4183, Stats. (1898), to obtain inspection and copies of books, papers, and documents, the defendant was allowed to examine the plaintiff under sec. 4096, Stats. (1898), as amended by ch. 39, Laws of 1899, and ch. 244, Laws of 1901. Again in 132 Wis. 259, 111 N. W. 567, where the plaintiff was permitted to proceed to obtain an inspection and copies. Having procured such inspection and copies, the plaintiff sought to examine the defendant’s actuary by oral examination under sec.…

2Cases cited8 opinions

  1. Meyer v. GarthwaiteWisconsin Supreme Court · 1896
  2. Somervaill v. McDermottWisconsin Supreme Court · 1903
  3. Ellinger v. Equitable Life Assurance Society of the United StatesWisconsin Supreme Court · 1905
  4. Badger Brass Manufacturing Co. v. DalyWisconsin Supreme Court · 1909
  5. Ellinger v. Equitable Life Assurance Society of the United StatesWisconsin Supreme Court · 1907

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3Cited by6 opinions

  1. Singer Sewing Machine Co. v. LangWisconsin Supreme Court · 1925
  2. American Food Products Co. v. American Milling Co.Wisconsin Supreme Court · 1912
  3. Horlick's Malted Milk Co. v. A. Spiegel Co.Wisconsin Supreme Court · 1913
  4. State Ex Rel. Wisconsin Bridge & Iron Co. v. SullivanWisconsin Supreme Court · 1944
  5. Sullivan v. Ashland Light, Power & Street Railway Co.Wisconsin Supreme Court · 1913

1 more not listed; retrieve them via the Exa API.

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