proof requirement (Wisconsin) · Go Syfert
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proof requirement in Wisconsin

13 Wisconsin opinions name it 2 courts 1891–2018 0 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.

Followed or applied (3)

CaseFollowedCited
EOP-Colonnade of Dallas Ltd. Partnership v. Faulknergreen
ca5 · 2005 · cited in 2 Wisconsin opinions naming this issue, 2009–2009
2 sentences

2009See id. at 274 .

2009See id. at 274 .

22
Martinson v. American Family Mutual Insurancegreen
wis · 1974 · cited in 2 Wisconsin opinions naming this issue, 2017–2018
2 sentences

2018It further determined that the proof of claim condition "does not mean the claim should be filed as soon as practicable after the liability of the insurer has been established." Id. *527 ¶ 32 Martinson 's holding makes sense in the context of a "first dollar" UM claim.

2017Similar to the proof of claim provision in Shugarts' policy, see supra ¶ 14, the proof of claim provision in Martinson required the insured, or any other person making a claim, to "give to the company written proof of claim" "[a]s soon as practicable[.]" Martinson, 63 Wis. 2d at 19 .

12
State v. Bakergreen
wis · 1992 · cited in 1 Wisconsin opinions naming this issue, 1996–1996
2 sentences

1996This court has previously determined that § 343.44(2) "is essentially in the nature of a repeater statute." Steeno v. State, 85 Wis. 2d 663, 672 , 271 N.W.2d 396 (1978); see also State v. Baker, 169 Wis. 2d 49, 64 , 485 N.W.2d 237 (1992) (concluding that "the OAR statute uses prior OAR convictions primarily to enhance punishment").

1996This court has previously determined that § 343.44(2) "is essentially in the nature of a repeater statute." Steeno v. State, 85 Wis. 2d 663, 672 , 271 N.W.2d 396 (1978); see also State v. Baker, 169 Wis. 2d 49, 64 , 485 N.W.2d 237 (1992) (concluding that "the OAR statute uses prior OAR convictions primarily to enhance punishment").

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway.

Also cited on this issue (13)

CaseCitedYears
Engebretson v. Hekla Fire Insurance neutral
· 1883
2 sentences

1892Co. 58 Wis. 301 , and Knudson v. Hekla F. Ins.

1891Co. 58 Wis. 301 ; Knudson v. Hekla F. Ins.

21891–1892
State v. Garcia green
wis · 1995
2 sentences

2016Should this court adopt the strong proof requirement set forth in Smith, 202 Wis. 2d at 27 , and Garcia, 192 Wis. 2d at 857 -58? ¶77 I am mindful of the legal landscape allowing sentencing courts to consider all relevant information, including dismissed, uncharged, and unproven offenses.

2016Should this court adopt the strong proof requirement set forth in Smith, 202 Wis. 2d at 27 , and Garcia, 192 Wis. 2d at 857 -58? f 77.

12016–2016
State v. Frey green
wis · 2012
1 sentence

2016Frey, 343 Wis. 2d 358, ¶¶45-47 .

12016–2016
State v. Smith green
wis · 1996
2 sentences

2016Should this court adopt the strong proof requirement set forth in Smith, 202 Wis. 2d at 27 , and Garcia, 192 Wis. 2d at 857 -58? ¶77 I am mindful of the legal landscape allowing sentencing courts to consider all relevant information, including dismissed, uncharged, and unproven offenses.

2016Should this court adopt the strong proof requirement set forth in Smith, 202 Wis. 2d at 27 , and Garcia, 192 Wis. 2d at 857 -58? f 77.

12016–2016
State v. Waalen green
wis · 1986
2 sentences

2008However, the court was forced to repudiate the notion that "material impairment" meant "substantial impairment," as suggested by the Criminal Jury Instructions Committee, Waalen, 130 Wis.2d at 27 , 386 N.W.2d 47 , because that notion appeared to undermine the purpose of the statute by raising the proof requirement for "under the influence" and because the language had no basis in statutory text or legislative history. ¶ 45 The Waalen court made the point that the Motor Vehicle Code did not contain a definition of "under the influence" "at the time th[e] case was initially tried." Id. at 25 , 3

2008However, the court was forced to repudiate the notion that "material impairment" meant "substantial impairment," as suggested by the Criminal Jury Instructions Committee, Waalen, 130 Wis. 2d at 27 , because that notion appeared to undermine the purpose of the statute by raising the proof requirement for "under the influence" and because the language had no basis in statutory text or legislative history. ¶ 45.

12008–2008
State v. Farr green
wis · 1984
2 sentences

2002State v. Caldwell, 154 Wis. 2d 683, 693-94 , 454 N.W.2d 13 (Ct. App. 1990) (citing Farr, 119 Wis. 2d at 658 ). ¶ 24.

2002State v. Caldwell, 154 Wis. 2d 683, 693-94 , 454 N.W.2d 13 (Ct. App. 1990) (citing Farr, 119 Wis. 2d at 658 ). ¶ 24.

12002–2002
State v. Caldwell green
wisctapp · 1990
2 sentences

2002State v. Caldwell, 154 Wis. 2d 683, 693-94 , 454 N.W.2d 13 (Ct. App. 1990) (citing Farr, 119 Wis. 2d at 658 ). ¶ 24.

2002State v. Caldwell, 154 Wis. 2d 683, 693-94 , 454 N.W.2d 13 (Ct. App. 1990) (citing Farr, 119 Wis. 2d at 658 ). ¶ 24.

12002–2002
Steeno v. State green
wis · 1978
2 sentences

1996This court has previously determined that § 343.44(2) "is essentially in the nature of a repeater statute." Steeno v. State, 85 Wis. 2d 663, 672 , 271 N.W.2d 396 (1978); see also State v. Baker, 169 Wis. 2d 49, 64 , 485 N.W.2d 237 (1992) (concluding that "the OAR statute uses prior OAR convictions primarily to enhance punishment").

1996This court has previously determined that § 343.44(2) "is essentially in the nature of a repeater statute." Steeno v. State, 85 Wis. 2d 663, 672 , 271 N.W.2d 396 (1978); see also State v. Baker, 169 Wis. 2d 49, 64 , 485 N.W.2d 237 (1992) (concluding that "the OAR statute uses prior OAR convictions primarily to enhance punishment").

11996–1996
Heimlich v. Kees Appliance Co. yellow
wis · 1950
1 sentence

1974Heimlich v. Kees Appliance Co. (1950), 256 Wis. 356 , 41 N. W. 2d 359 .

11974–1974
Heimlich v. Kees Appliance Co. green
wis · 1950
1 sentence

1974Heimlich v. Kees Appliance Co. (1950), 256 Wis. 356 , 41 N. W. 2d 359 .

11974–1974
Truesdill v. Roach green
wis · 1960
1 sentence

1967As this court stated in Truesdill v. Roach (1960), 11 Wis. (2d) 492, 499, 105 N. W. (2d) 871 , under the summary judgment statute, sec. 270.635, the defendants are entitled to judgment if the proof of their defense is sufficient to defeat the plaintiff.

11967–1967
Jewell v. Sherman green
wis · 1891
1 sentence

1898As said in In re Meyer, 78 Wis. 615 -627: “ At the time the proof of claim is made, if the whole debt be due and unpaid, it is the right of the party to present and prove his claim.” Just such a situation as this -was involved in the case of Plankinton v. Gorman, 93 Wis. 560 .

11898–1898
Plankinton v. Gorman neutral
wis · 1896
1 sentence

1898As said in In re Meyer, 78 Wis. 615 -627: “ At the time the proof of claim is made, if the whole debt be due and unpaid, it is the right of the party to present and prove his claim.” Just such a situation as this -was involved in the case of Plankinton v. Gorman, 93 Wis. 560 .

11898–1898

Statutes the citing opinions construe

WI § Wis. Stat. § 346.65 (3) WI § Wis. Stat. § 802.08 (3)

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.

Where else courts name it

TX 115 (1897–2026) NY 112 (1877–2026) CA 78 (1931–2026) NJ 76 (1934–2026) IL 52 (1894–2024) TN 41 (1955–2025) LA 37 (1937–2025) PA 33 (1883–2025) NM 30 (1943–2021) OH 28 (1926–2026) MD 27 (1882–2015) MO 24 (1887–2019) CT 23 (1932–2025) FL 22 (1908–2025) MI 15 (1915–2023) OR 14 (1942–2020) WA 14 (1936–2024) MA 13 (1878–2003) WI 13 (1891–2018) KY 13 (1881–2025) GA 12 (1978–2026) IA 11 (1912–2022) KS 11 (1922–2026) NC 11 (1897–2026) DC 10 (1990–2024) WV 9 (1940–2023) AR 9 (1892–2024) OK 8 (1940–2016) MN 8 (1917–2016) AZ 8 (1945–2025) ME 8 (1926–2008) AL 8 (1939–2012) CO 8 (1946–2015) RI 8 (1902–2011) VA 7 (1922–2023) SC 6 (1936–2009) MS 6 (1940–2009) IN 5 (1967–1995) DE 5 (1989–2025) ND 5 (1925–2013) NE 5 (1994–2021) MT 4 (1914–2000) UT 4 (1995–2023) HI 4 (1994–2018) AK 4 (1970–2022) WY 3 (1988–2002) NH 3 (1928–2006) SD 3 (1931–2023) ID 3 (1967–1974) NV 3 (1873–2000) VT 2 (1981–2014)

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.

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