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MILWAUKEE v. SCHOMBERG

266 Wis. 174 (1954)

CITY OF MILWAUKEE, Respondent, vs. SCHOMBERG and others, Appellants.

Supreme Court of Wisconsin.

March 2, 1954.

Attorney(s) appearing for the Case

For the appellants there was a brief by Poss, Toelle & Schuler and Raymond H. Kleis, and oral argument by H. W. Schuler, all of Milwaukee.

For the respondent there was a brief by Walter J. Mattison, city attorney, and Clyde E. Sheets, assistant city attorney, and oral argument by Mr. Sheets.

MARTIN, J.

The statute involved provides:

"326.12 DISCOVERY EXAMINATION BEFORE TRIALS. (1) Persons subject thereto. The adverse examination of a party or any person for whose immediate benefit any civil action or proceeding is prosecuted or defendant, or his or its assignor, officer, agent, or employee, or of the person who was such officer, agent, or employee at the time of the occurrence made the subject of the examination, may be taken by deposition...

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