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HILLER v. PERSSION

264 Wis. 143 (1953)

HILLER and another, Appellants, vs. PERSSION and another, Respondents.

Supreme Court of Wisconsin.

June 2, 1953.

Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by Harry N. Loeb of Madison.

For the respondents there was a brief by Roberts, Roe, Boardman, Suhr & Bjork of Madison, and oral argument by Frederick C. Suhr.

BROADFOOT, J.

The sole question for determination in this case is the sufficiency of the affidavit under the provisions of sec. 326.12 (4), Stats. That section reads as follows:

"If discovery is sought, to enable the plaintiff to frame a complaint, the notice of taking the examination shall be accompanied by the affidavit of himself, his attorney or agent, stating the general nature and object of the action or proceeding; that discovery is sought to enable...

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