BANK OF COMMERCE v. LESPERANCE

No. 36.

54 Wis.2d 519 (1972)

196 N.W.2d 671

BANK OF COMMERCE, Respondent, v. LESPERANCE and wife, Appellants: GINKIDS INVESTMENTS, INC., and another, Defendants.

Supreme Court of Wisconsin.

Decided May 2, 1972.


Attorney(s) appearing for the Case

For the appellants there were briefs and oral argument by Richard D. Finley of Milwaukee.

For the respondent there was a brief by Petrie, Stocking, Meixner & Zeisig, S. C., of Milwaukee, and oral argument by John A. Stocking.


HANLEY, J.

The sole issue presented on this appeal is whether the denial of appellants' motion for inspection of documents constituted an abuse of discretion on the part of the trial court.

The statute under which appellants sought to require respondent to produce and deposit certain documents with the clerk of courts is sec. 269.57 (1), Stats., which provides:

"The court, or a judge thereof, may, upon due notice and cause shown, order either party...

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