green
Positive treatment
Doctrinal family (anchor): Olson v. Cunningham ↗
Issue: residency requirementWI ↗
Under Fire
14.9 score
Treatment trajectory · 1930 → 2026 · click a year to view as-of
1930
1978
2026
Under fire: who is questioning this case
Citations from separate opinions of courts that could overrule this
case.
This is a warning signal, not a treatment change. The flag color above is unaffected.
Concurrence
Scott Smith v. Greg Kleynerman
(2017)
“Olson v. Cunningham, 200 Wis. 610 , 228 N.W. 895 (1930) (on appeal). 30.”
Dissent
State Ex Rel. Wolff v. Geurkink
(1941)
“La Follette v. Kohler, 200 Wis. 518 , 228 N. W. 895 , 69 A. L.”
Top citers, strongest first. 5 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
Richard Teigen v. Wisconsin Elections Commission
CONCLUSION ¶140 "In Wisconsin, we have a constitution, and it reigns supreme in this state. 'By section 1 of article 4 the power of the state to deal with elections except as limited by the Constitution is vested in the senate and assembly to be exercised under the provisions of the Constitution; therefore the power to prescribe the manner of conducting elections is clearly within the province of the Legislature.'" Trump, 394 Wis. 2d 629 , ¶141 (Rebecca Grassl Bradley, J., dissenting) (quoting State v. Kohler, 200 Wis. 518 , 228 N.W. 895, 906 (1930)).
discussed
Cited as authority (rule)
Richard Teigen v. Wisconsin Elections Commission
CONCLUSION ¶140 "In Wisconsin, we have a constitution, and it reigns supreme in this state. 'By section 1 of article 4 the power of the state to deal with elections except as limited by the Constitution is vested in the senate and assembly to be exercised under the provisions of the Constitution; therefore the power to prescribe the manner of conducting elections is clearly within the province of the Legislature.'" Trump, 394 Wis. 2d 629 , ¶141 (Rebecca Grassl Bradley, J., dissenting) (quoting State v. Kohler, 200 Wis. 518 , 228 N.W. 895, 906 (1930)).
discussed
Cited as authority (rule)
Donald J. Trump v. Joseph R. Biden
(2×)
"By section 1 of article 4 the power of the state to deal with elections except as limited by the Constitution is vested in the senate and assembly to be exercised under the provisions of the Constitution; therefore the power to prescribe the manner of conducting elections is clearly within the province of the Legislature." State v. Kohler, 200 Wis. 518 , 228 N.W. 895, 906 (1930) (emphasis added).
discussed
Cited as authority (rule)
Donald J. Trump v. Joseph R. Biden
(2×)
"By section 1 of article 4 the power of the state to deal with elections except as limited by the Constitution is vested in the senate and assembly to be exercised under the provisions of the Constitution; therefore the power to prescribe the manner of conducting elections is clearly within the province of the Legislature." State v. Kohler, 200 Wis. 518 , 228 N.W. 895, 906 (1930) (emphasis added).
examined
Cited as authority (rule)
State v. Marshall
(4×)
La Follette v. Kohler, 200 Wis. 518 , 228 N.W. 895, 908-09 (1930).
Retrieving the full opinion text from the archive…
Olson
v.
Cunningham
v.
Cunningham
Wisconsin Supreme Court.
Feb 4, 1930.
The cause was submitted for the appellant on the brief of the Attorney General and /. E. Messerschmidt, assistant attorney general, and for the respondent on that of Herman Leicht of Medford.
Owen.
Cited by 56 opinions | Published
Owen, J.
The Justices participating in the consideration of this case are equally divided, Mr. Chief Justice Rosen-berry, Mr. Justice Stevens, and Mr. Justice Fritz being of the opinion that the judgment should be reversed, while Mr. Justice Crownhart, Mr. Justice Fowler, and the writer are of the opinion that it should be affirmed. Under .the well established rule, the judgment must be affirmed.
By the Court. — Judgment affirmed.