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24 Wisconsin opinions name it 2 courts 1869–2025 2 in the last five years
The cases below were cited by Wisconsin courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
First Wisconsin National Bank v. Nicolaougreen2 sentences2025See Nicolaou, 113 Wis. 2d at 532-33, 536 (concluding that the bank’s mistaken belief that California law, not Wisconsin law, applied to its repossession of the defendants’ vehicle was an error of law that did not qualify as a bona fide error as that term is used in the Wisconsin Consumer Act); see also Ahrens v. Town of Fulton, 2000 WI App 268, ¶20 , 240 Wis. 2d 124 , 621 N.W.2d 643 (stating that the town’s alleged error could not be characterized as a clerical error because the owners alleged that the town intentionally, but erroneously, classified a mobile home as an improvement to real prop 1998See First Wis. Nat'l Bank v. Nicolaou, 113 Wis. 2d 524, 532 , 335 N.W.2d 390, 394 (1983). | 3 | 3 |
Wisconsin's Environmental Decade, Inc. v. Public Service Commissiongreen2 sentences2021Petitioners may, as Applegate did, argue that an agency abdicated its WEPA obligations by failing to consider indirect environmental effects in its negative-EIS decision. ¶26 Before reaching our conclusion on the foundation for this departmental decision, we determine whether Applegate has alleged facts "constituting a bona fide challenge." See WED III, 79 Wis. 2d at 424 . "[A]llegations of environmental effect which are patently trivial or frivolous [should not] subject the agency decision to searching judicial review." Id. 2021Petitioners may, as Applegate did, argue that an agency abdicated its WEPA obligations by failing to consider indirect environmental effects in its negative-EIS decision. ¶26 Before reaching our conclusion on the foundation for this departmental decision, we determine whether Applegate has alleged facts "constituting a bona fide challenge." See WED III, 79 Wis. 2d at 424 . "[A]llegations of environmental effect which are patently trivial or frivolous [should not] subject the agency decision to searching judicial review." Id. | 1 | 2 |
Ahrens v. Town of Fultongreen2 sentences2025See Nicolaou, 113 Wis. 2d at 532-33, 536 (concluding that the bank’s mistaken belief that California law, not Wisconsin law, applied to its repossession of the defendants’ vehicle was an error of law that did not qualify as a bona fide error as that term is used in the Wisconsin Consumer Act); see also Ahrens v. Town of Fulton, 2000 WI App 268, ¶20 , 240 Wis. 2d 124 , 621 N.W.2d 643 (stating that the town’s alleged error could not be characterized as a clerical error because the owners alleged that the town intentionally, but erroneously, classified a mobile home as an improvement to real prop 2025See Nicolaou, 113 Wis. 2d at 532-33, 536 (concluding that the bank’s mistaken belief that California law, not Wisconsin law, applied to its repossession of the defendants’ vehicle was an error of law that did not qualify as a bona fide error as that term is used in the Wisconsin Consumer Act); see also Ahrens v. Town of Fulton, 2000 WI App 268, ¶20 , 240 Wis. 2d 124 , 621 N.W.2d 643 (stating that the town’s alleged error could not be characterized as a clerical error because the owners alleged that the town intentionally, but erroneously, classified a mobile home as an improvement to real prop | 1 | 1 |
Ahrens v. Town of Fultongreen2 sentences2025See Nicolaou, 113 Wis. 2d at 532-33, 536 (concluding that the bank’s mistaken belief that California law, not Wisconsin law, applied to its repossession of the defendants’ vehicle was an error of law that did not qualify as a bona fide error as that term is used in the Wisconsin Consumer Act); see also Ahrens v. Town of Fulton, 2000 WI App 268, ¶20 , 240 Wis. 2d 124 , 621 N.W.2d 643 (stating that the town’s alleged error could not be characterized as a clerical error because the owners alleged that the town intentionally, but erroneously, classified a mobile home as an improvement to real prop 2025See Nicolaou, 113 Wis. 2d at 532-33, 536 (concluding that the bank’s mistaken belief that California law, not Wisconsin law, applied to its repossession of the defendants’ vehicle was an error of law that did not qualify as a bona fide error as that term is used in the Wisconsin Consumer Act); see also Ahrens v. Town of Fulton, 2000 WI App 268, ¶20 , 240 Wis. 2d 124 , 621 N.W.2d 643 (stating that the town’s alleged error could not be characterized as a clerical error because the owners alleged that the town intentionally, but erroneously, classified a mobile home as an improvement to real prop | 1 | 1 |
Dugenske v. Dugenskegreen2 sentences1996The law does not look kindly on defaults, Dugenske v. Dugenske, 80 Wis. 2d 64, 68 , 257 N.W.2d 865, 867 (1977), and the ability of all parties to assert their claim and defense before an appropriate tribunal will not lightly be discarded. 1996The law does not look kindly on defaults, Dugenske v. Dugenske, 80 Wis. 2d 64, 68 , 257 N.W.2d 865, 867 (1977), and the ability of all parties to assert their claim and defense before an appropriate tribunal will not lightly be discarded. | 1 | 1 |
Ratner v. Chemical Bank New York Trust Companygreen2 sentences1983Errors of law, even if made in good faith, do not qualify for the defense. [9] Ratner v. Chemical Bank New York *533 Trust Company, 329 F. Supp. 270, 281-82 (S.D. 1983Errors of law, even if made in good faith, do not qualify for the defense. 9 Ratner v. Chemical Bank New York Trust Company, 329 F. Supp. 270, 281-82 (S.D. | 1 | 1 |
Save Our Ten Acres v. Rod Kreger, Acting Administrator, General Services Administrationgreen1 sentence1977See Save Our Ten Acres v. Kreger, supra. The agency may not shift to petitioners such as Decade the duty of environmental inquiry placed upon the agency by statute, 14 but neither should allegations of environmental effect which are patently trivial or frivolous subject the agency decision to searching judicial review. | 1 | 1 |
United Brethren Church v. Vandusengreen1 sentence1970Having, through their agent, obtained this note including a fraudulent sum for the benefit of others, they cannot be heard to support it, pro tanta, on a bona fide claim for their own benefit.” United Brethren Church of New London v. Vandusen (1875), 37 Wis. 54, 60, 61 . *653 The public policy militating against partial rescission of a contract is stated as follows: “There are many cases where, although a contract cannot be literally performed in all its parts, the Court will modify it, . . . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Moyer v. City of Oshkosh
green
2 sentences1984We have further recognized that, in looking at the requirements of a claims statute, “[a] construction which preserves a bona fide claim so that it may be passed upon by a competent tribunal is to be preferred to a construction which cuts it off without trial.” Moyer v. Oshkosh, 151 Wis. 586, 593-94 , 139 N.W. 378 (1913). 1984We have further recognized that, in looking at the requirements of a claims statute, “[a] construction which preserves a bona fide claim so that it may be passed upon by a competent tribunal is to be preferred to a construction which cuts it off without trial.” Moyer v. Oshkosh, 151 Wis. 586, 593-94 , 139 N.W. 378 (1913). | 4 | 1966–1984 |
Smith v. Milwaukee County
green
2 sentences1991The court cited Gutter for the proposition that "[i]n looking at the requirements of the notice of claim statute, '[a] construction which preserves a bona fide claim so that it may be passed upon by a competent tribunal is to be preferred to a construction which cuts it off without a trial.' " Smith, 149 Wis. 2d at 941-42 , 440 N.W.2d at 363 (quoting Gutter, 103 Wis. 2d at 11 , 308 N.W.2d at 408 ). 1991The court cited Gutter for the proposition that "[i]n looking at the requirements of the notice of claim statute, '[a] construction which preserves a bona fide claim so that it may be passed upon by a competent tribunal is to be preferred to a construction which cuts it off without a trial.' " Smith, 149 Wis. 2d at 941-42 , 440 N.W.2d at 363 (quoting Gutter, 103 Wis. 2d at 11 , 308 N.W.2d at 408 ). | 3 | 1991–2007 |
Gutter v. Seamandel
green
2 sentences1991The court cited Gutter for the proposition that "[i]n looking at the requirements of the notice of claim statute, '[a] construction which preserves a bona fide claim so that it may be passed upon by a competent tribunal is to be preferred to a construction which cuts it off without a trial.' " Smith, 149 Wis. 2d at 941-42 , 440 N.W.2d at 363 (quoting Gutter, 103 Wis. 2d at 11 , 308 N.W.2d at 408 ). 1991The court cited Gutter for the proposition that "[i]n looking at the requirements of the notice of claim statute, '[a] construction which preserves a bona fide claim so that it may be passed upon by a competent tribunal is to be preferred to a construction which cuts it off without a trial.' " Smith, 149 Wis. 2d at 941-42 , 440 N.W.2d at 363 (quoting Gutter, 103 Wis. 2d at 11 , 308 N.W.2d at 408 ). | 3 | 1984–1991 |
Novak v. City of Delavan
green
2 sentences1984In discussing the notice requirements of sec. 62.25, we have stated that it is the “policy of this court to preserve a bona fide claim where there has been substantial compliance with a statute requiring notice.” Novak v. Delavan, 81 Wis. 2d 200, 211 , 143 N.W.2d 6 (1966) (citations omitted). 1984In discussing the notice requirements of sec. 62.25, we have stated that it is the "policy of this court to preserve a bona fide claim where there has been substantial compliance with a statute requiring notice." Novak v. Delavan, 31 Wis. 2d 200, 211 , 143 N.W.2d 6 (1966) (citations omitted). | 3 | 1979–1984 |
Humphrey v. Elk Creek Lake Protection & Rehabilitation District
green
2 sentences2006Because the fate of a person's property right depended so much on when the clock started ticking, the court felt constrained to interpret the statutes "to preserve a bona fide claim so that it may be passed upon by a competent tribunal rather than cut off without trial." Id. at 403 . 2006Because the fate of a person's property right depended so much on when the clock started ticking, the court felt constrained to interpret the statutes "to preserve a bona fide claim so that it may be passed upon by a competent tribunal rather than cut off without trial." Id. at 403 , 493 N.W.2d 241 . | 2 | 2006–2007 |
Sambs v. Nowak
green
2 sentences1984In Gutter v. Seamandel, 103 Wis. 2d 1, 10-11 , 308 N.W.2d 403 (1981), this court stated two principles for determining whether a notice of claim is valid: “(1) the statement of the demand must be definite enough to fulfill the purpose of the claim statute; and (2) ‘in looking at the requirements of the statute “[a] construction which preserves a bona fide claim so that it may be passed upon by a competent tribunal is to be preferred to a construction which cuts it off without a trial.’” Sambs v. Nowak, 47 Wis. 2d 158, 166 , 177 N.W.2d 144 (1970), quoting Moyer v. Oshkosh, 151 Wis. 586, 593 , 1 1984In Gutter v. Seamandel, 103 Wis. 2d 1, 10-11 , 308 N.W.2d 403 (1981), this court stated two principles for determining whether a notice of claim is valid: “(1) the statement of the demand must be definite enough to fulfill the purpose of the claim statute; and (2) ‘in looking at the requirements of the statute “[a] construction which preserves a bona fide claim so that it may be passed upon by a competent tribunal is to be preferred to a construction which cuts it off without a trial.’” Sambs v. Nowak, 47 Wis. 2d 158, 166 , 177 N.W.2d 144 (1970), quoting Moyer v. Oshkosh, 151 Wis. 586, 593 , 1 | 2 | 1981–1984 |
Wisconsin's Environmental Decade, Inc. v. Wisconsin Department of Natural Resources
green
1 sentence2021The court of appeals misread WED IV. ¶22 In WED IV, the issue we were tasked with deciding was "whether the DNR has an obligation to [prepare] an EIS for a project when investigation, research and public hearing reveal that the project will have minor impacts on the environment, but will have possible socioeconomic impacts." WED IV, 115 Wis. 2d at 395 . | 1 | 2021–2021 |
Cary v. City of Madison
green
1 sentence2007Cary, 203 Wis. 2d at 267 . | 1 | 2007–2007 |
Linstrom v. Christianson
green
2 sentences1996As we said in Linstrom, 161 Wis. 2d at 639 , 469 N.W.2d at 190 , the language of § 893.80(l)(b), STATS., is unambiguous in that it "clearly requires that a notice of disallowance be served to trigger the six-month statute of limitations," and ”[t]his notice of disallowance 'shall be served on the claimant....'" This is not a case, like Waukesha, where the court applied a substantial-compliance rule to a failure in order to "preserve a bona fide claim." Indeed, the City asks us to go beyond the statute's plain language in order to negate an apparently bona fide claim. 1996As we said in Linstrom, 161 Wis. 2d at 639 , 469 N.W.2d at 190 , the language of § 893.80(l)(b), STATS., is unambiguous in that it "clearly requires that a notice of disallowance be served to trigger the six-month statute of limitations," and ”[t]his notice of disallowance 'shall be served on the claimant....'" This is not a case, like Waukesha, where the court applied a substantial-compliance rule to a failure in order to "preserve a bona fide claim." Indeed, the City asks us to go beyond the statute's plain language in order to negate an apparently bona fide claim. | 1 | 1996–1996 |
Figgs v. City of Milwaukee
green
2 sentences1992Smith, 149 Wis. 2d at 941-42 , 440 N.W.2d at 363 ; Figgs, 121 Wis. 2d at 53 , 357 N.W.2d at 553 . 1992Smith, 149 Wis. 2d at 941-42 , 440 N.W.2d at 363 ; Figgs, 121 Wis. 2d at 53 , 357 N.W.2d at 553 . | 1 | 1992–1992 |
Pattermann v. City of Whitewater
green
2 sentences1984In Gutter v. Seamandel, 103 Wis. 2d 1, 10-11 , 308 N.W.2d 403 (1981), this court stated two principles for determining whether a notice of claim is valid: “(1) the statement of the demand must be definite enough to fulfill the purpose of the claim statute; and (2) ‘in looking at the requirements of the statute “[a] construction which preserves a bona fide claim so that it may be passed upon by a competent tribunal is to be preferred to a construction which cuts it off without a trial.’” Sambs v. Nowak, 47 Wis. 2d 158, 166 , 177 N.W.2d 144 (1970), quoting Moyer v. Oshkosh, 151 Wis. 586, 593 , 1 1984In Gutter v. Seamandel, 103 Wis. 2d 1, 10-11 , 308 N.W.2d 403 (1981), this court stated two principles for determining whether a notice of claim is valid: “(1) the statement of the demand must be definite enough to fulfill the purpose of the claim statute; and (2) ‘in looking at the requirements of the statute “[a] construction which preserves a bona fide claim so that it may be passed upon by a competent tribunal is to be preferred to a construction which cuts it off without a trial.’” Sambs v. Nowak, 47 Wis. 2d 158, 166 , 177 N.W.2d 144 (1970), quoting Moyer v. Oshkosh, 151 Wis. 586, 593 , 1 | 1 | 1984–1984 |
Lang v. City of Cumberland
green
1 sentence1966Lang v. Cumberland (1962), 18 Wis. (2d) 157, 164, 118 N. W. (2d) 114 ; Burmek v. Miller Brewing Co. (1957), 2 Wis. (2d) 330, 334, 86 N. W. (2d) 629 . | 1 | 1966–1966 |
Burmek v. Miller Brewing Co.
green
1 sentence1966Lang v. Cumberland (1962), 18 Wis. (2d) 157, 164, 118 N. W. (2d) 114 ; Burmek v. Miller Brewing Co. (1957), 2 Wis. (2d) 330, 334, 86 N. W. (2d) 629 . | 1 | 1966–1966 |
Hanrahan v. City of Janesville
neutral
2 sentences1962This court has said that ‘no great amount of formality is required in reference to the form in which claims are presented to a municipal corporation.’ Hanrahan v. Janesville, 137 Wis. 1, 118 N. W. 194 .” The demurrer resting on the contention that no proper claim had been filed was correctly overruled. 1962This court has said that ‘no great amount of formality is required in reference to the form in which claims are presented to a municipal corporation.’ Hanrahan v. Janesville, 137 Wis. 1, 118 N. W. 194 .” The demurrer resting on the contention that no proper claim had been filed was correctly overruled. | 1 | 1962–1962 |
Smith v. Sherry
green
2 sentences1925Smith v. Sherry, 54 Wis. 114 , 11 N. W. 465 ; Fehrman v. Bissell L. 1925Smith v. Sherry, 54 Wis. 114 , 11 N. W. 465 ; Fehrman v. Bissell L. | 1 | 1925–1925 |
Barlass v. Barlass
neutral
2 sentences1924Counsel for appellant cites the case of Barlass v. Barlass, 143 Wis. 497 , 128 N. W. 58 , as authority for his contention that the court had no jurisdiction until probate of the will, but it is held in that case that “a prima facie showing that there is an estate, or -a bona fide claim that deceased left property to be administered, or the prima facie showing of any other statutory ground for the granting of letters of administration, is all that is necessary.” Page 498. 1924Counsel for appellant cites the case of Barlass v. Barlass, 143 Wis. 497 , 128 N. W. 58 , as authority for his contention that the court had no jurisdiction until probate of the will, but it is held in that case that “a prima facie showing that there is an estate, or -a bona fide claim that deceased left property to be administered, or the prima facie showing of any other statutory ground for the granting of letters of administration, is all that is necessary.” Page 498. | 1 | 1924–1924 |
O'Connell v. Gillespie
green
1 sentence1869And, if the change of phraseology from the territorial statute, by the use of the word or, in the place of and, between the words “unlawful” and “forcible” in the second and third sections, requires any explanation in addition to that given in Ferrell v. Lamar, it will be fonnd in O’Connell v. Gillespie, 17 Ind. 459 . | 1 | 1869–1869 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.