The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1908-02-20
Judge BeIden Gives Decision Re-
fusing To Grant Examination
in Injunction Suit
EXAMINATION OF NO USE
States That Defendants in the Case
Have Personal knowledge Of Many
Questions Asked and Others
Are Of Record
(From Thursdays Daily.)

with the Clerk Of the Circuit Court his
decision in the motion Of John DAILY ct
al, for an examination Of the officials
of the Badger Brass Manufacturing
Company in regard to the complaint
filed against DAILY and the members Of
the Buffers and other Unions in an
effort to secure an injunction against
the union men. In his decision the
court denies the motion in every re-
spect and the decision is one of the
most interesting ever written by a
judge in this circuit. It follows:
The defendants seek examination of
the plaintiff IS officers to enable them to
plead an answer to the plaintiff IS com
plant. Under oath this is stated to be
the purpose Of the desired inquiry.
The purpose of the statute under
which such examination is sought is to
enable the party to obtain information
his own cause Of action or
defense necessary to enable him to
draw his complaint or answer, which
is within his adversary's knowledge or
control and not within his own A
party is entitled, as matter Of right,
to such information, but the purpose
of such statutes. literally interpreted,
as they are, is not to enable a party to
pry into his adversary's case, or to find
out the manner in which or the evil
dence by which his adversary's case
is to be supported. A party need not
answer concerning matters which re-
late exclusively to his own case
Very many Of the subjects upon
which examination is sought are mat
tiers peculiarly within the knowledge
Of the defendants; others are as much
within their knowledge as within the
knowledge Of the plaintiffs officers;
others are matters Of public record con
corning which the plaintiff officers
might give answer but concerning
which there is no good reason why they
should; other are inquiries solely con
corning the plaintiffs evidence and
the manner in which its case is to be
supported, and concerning which, as
well as the sources of plaintiff IS infor-
nation, the defendants are not by any
manner Of claim entitled to inquire;
others are matters for conclusion by the
court after hearing testimony; and in
other instances the allegations of the
complaint are sufficiently specific to ad-
wise the defendants Of the plaintiff s
position and to enable the defendants
to answer thereto.
"Whether any party comes into
court with clean hands should as sug-
gested by counsel for defendants, be
known to the court as speedily as may
be and whenever it properly and salts
factorily appears to the court that a
party applying to a court Of equity for
relief does not do SO with clean hands
or in good faith and conscience, that
party will be dismissed forthwith; but
it seems to the court that is a matter
to be determined by the court on evil
dence and not at this time in the man
ner proposed.
Whether or not the allegations of
the complaint are made pursuant to q
conspiracy to damage the defendants,
or are maliciously false and untrue may
be alleged by defendants with sufficient
fullness and defnitness without the in
quiry proposed.
The allegations Of the complaint and
the requests for inquiry have been gone
oxro NV
With the purpose and the interpreta-
ton Of the statute in mind and with
the desire and intention Of permitting
any legitimate inquiry consonant there
with, the court has examined and con-
sidered the matter of the proposed ex-
animation with great care The con
clusion of the court is, for the reason
hereinbefore indicated, that no part OF
the proposed examination is necessary
to enable the defendants to properly
and sufficiently plead in answer to the
plaintiff s complaint (Which, it will be
borne in mind, is the only legitimate
purpose of the desired examination
and that, therefore, the request for
the proposed examination must be who'll
ly denied. Undoubtedly every litigant
would like to know in what manner
and by what evidence his adversary $
case is to be supported, and the
sources OF his information, but the law
IS clearly and distinctly settled that
that is no reason why he should be
allowed to make an inquisition. # the
matters about which he seeks examina-
ton are. not necessary to enable him to
plead, ne may not have the examina-
tion
An order will be fled in accordance
herewith, applying to each proposed in
curry It's appropriate reason for de-
NAL, as herein indicated.
Dated February 70, 1908.