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KIRKPATRICK v. MILKS

257 Wis. 549 (1950)

KIRKPATRICK, Appellant, vs. MILKS, Administrator, Respondent.

Supreme Court of Wisconsin.

November 8, 1950.

Attorney(s) appearing for the Case

For the appellant there was a brief by M. W. Meienburg of Brodhead, attorney, and Rieser & Mathys of Madison of counsel, and oral argument by Mr. Meienburg, Mr. W. S. Stafford of Madison, and Mr. Clifford G. Mathys.

For the respondent there was a brief by F. Earl Lamboley of Monroe, attorney, and Toebaas, Hart, Kraege & Jackman of Madison of counsel, and oral argument by Mr. Oscar T. Toebaas and Mr. Lamboley.

FAIRCHILD, J.

The trial court was of the opinion that Dr. Swan, the attending physician of the deceased, could not testify concerning the transaction resulting in the execution of the note. He based his ruling on the terms of sec. 325.21, Stats. That section, with respect to communications to doctors, provides that "No physician or surgeon shall be permitted to disclose any information he may have acquired in attending any patient in a professional character, necessary...

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