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NEENAH v. ALSTEEN

30 Wis.2d 596 (1966)

CITY OF NEENAH, Respondent, v. ALSTEEN, Appellant.

Supreme Court of Wisconsin.

May 10, 1966.

Attorney(s) appearing for the Case

For the appellant there were briefs by Van Susteren, Bollenbeck, Patterson, Froehlich & Jensen and Edward R. Bollenbeck, all of Appleton, and oral argument by Edward R. Bollenbeck.

For the respondent there was a brief and oral argument by Charles E. Schaller, city attorney.

HEFFERNAN, J.

The defendant sought the adverse examination of the plaintiff's police officers under the provisions of sec. 326.12, Stats.1

This statute provides that the right of adverse examination shall be available "in any civil action."

The trial judge, however, took the position that the particular violation was unlike the ordinary civil action in that it partook of many of the characteristics of a criminal action...

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