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Bavarian Soccer Club v. Pierson and Others

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eBook details

  • Title: Bavarian Soccer Club v. Pierson and Others
  • Author : Supreme Court of Wisconsin
  • Release Date : January 03, 1967
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 78 KB

Description

This controversy involves a dispute between the Bavarian Soccer Club, Inc. (the plaintiff in the action) and a former president
and other members (the defendants) concerning accounting for receipts and disbursements in connection with certain charter
airplane flights to Germany in 1962 and 1964. The action was commenced by service of a summons, notice of examination and
related subpoena duces tecum on July 9, 1965. On October 13, 1965, a discovery examination was commenced for the purpose of
enabling the plaintiff to gather information to aid in the framing of a complaint. On this same day the defendants served
the plaintiff with a "demand for copy of complaint." On October 20, 1965, the plaintiff obtained an order from a court commissioner
extending the time for filing the complaint "until twenty (20) days after receipt by plaintiff's attorney of the complete
transcript of the testimony of the defendants . . . ." Various motions were made and on December 7, 1965, Milwaukee Circuit Judge Harvey L. Neelen entered an order which denied
defendants' motion to set aside the order of the court commissioner and in effect reaffirmed the commissioner's order by granting
a twenty-day extension for filing of the plaintiff's complaint after receipt of a complete transcript of the discovery examination.
During the discovery examination the defendants refused to answer certain questions and those questions were certified to
the circuit court, Judge Max Raskin presiding, for rulings. On April 1, 1966, an order was entered which determined that certain
questions relating to the defendants' income tax returns were not proper areas of discovery but that other questions previously
objected to by the defendants must be answered "on a date and hour agreed to by respective counsel, but no later than twenty
days from this date." These examinations have not been held. Sometime after the April 1st order the case was reassigned to
Circuit Judge William R. Moser. Judge Moser informed counsel for the respective parties that this case would be dismissed
on September 30, 1966, unless an application for a continuance was personally made prior to that date. On September 29, 1966,
Judge Moser signed an order to show cause requiring defendants to produce: (1) A complete accounting of receipts and disbursements
in connection with the action; and (2) copies of defendants' federal and state income tax returns for the years 1961-1965.


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