lawful claim (Wisconsin) · Go Syfert
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lawful claim in Wisconsin

9 Wisconsin opinions name it 2 courts 1897–2023 1 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 (2)

CaseFollowedCited
State v. George Steven Burchgreen
wis · 2021 · cited in 1 Wisconsin opinions naming this issue, 2023–2023
2 sentences

2023See State v. Burch, 2021 WI 68 , ¶¶16-17, 398 Wis. 2d 1 , 961 N.W.2d 314 (explaining the exclusionary rule will not be applied when “police act with an objectively reasonable good-faith belief that their conduct is lawful” as the rule’s “sole purpose” “is to deter future Fourth Amendment violations” (citations omitted)).

2023See State v. Burch, 2021 WI 68 , ¶¶16-17, 398 Wis. 2d 1 , 961 N.W.2d 314 (explaining the exclusionary rule will not be applied when “police act with an objectively reasonable good-faith belief that their conduct is lawful” as the rule’s “sole purpose” “is to deter future Fourth Amendment violations” (citations omitted)).

11
Kottka v. PPG Industries, Inc.green
wis · 1986 · cited in 1 Wisconsin opinions naming this issue, 1997–1997
2 sentences

1997(Emphasis added.) Kottka v. PPG Industries, Inc., 130 Wis. 2d 499, 521-522 , 388 N.W.2d 160, 170 (1986), recognizes that a non-employee damaged (wife's loss of consortium) by a tortfeasor's injury to an employee covered by the worker's compensation law (husband) may sue the third-party tortfeasor to recover those damages without reference to § 102.29(1), STATS.

1997(Emphasis added.) Kottka v. PPG Industries, Inc., 130 Wis. 2d 499, 521-522 , 388 N.W.2d 160, 170 (1986), recognizes that a non-employee damaged (wife's loss of consortium) by a tortfeasor's injury to an employee covered by the worker's compensation law (husband) may sue the third-party tortfeasor to recover those damages without reference to § 102.29(1), STATS.

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
Bulgrin v. Madison Gas & Electric Co. green
wis · 1985
2 sentences

2002The employer or compensation insurer who shall have paid or is obligated to pay a lawful claim under this chapter shall have the same right to make claim or maintain an action in tort against any other party for such injury or death .... 5 Wisconsin Stat. § 102.29(6) and (7) provide: (6) No employee of a temporary help agency who makes a claim for compensation may make a claim or maintain an action in tort against any employer who compensates the temporary help agency for the employee's services. *368 (7) No employee who is loaned by his or her employer to another employer and who makes a clai

2002The employer or compensation insurer who shall have paid or is obligated to pay a lawful claim under this chapter shall have the same right to make claim or maintain an action in tort against any other party for such injury or death .... 5 Wisconsin Stat. § 102.29(6) and (7) provide: (6) No employee of a temporary help agency who makes a claim for compensation may make a claim or maintain an action in tort against any employer who compensates the temporary help agency for the employee's services. *368 (7) No employee who is loaned by his or her employer to another employer and who makes a clai

12002–2002
State v. Griffin green
wis · 1986
2 sentences

2001State v. Griffin, 131 Wis. 2d 41, 50 , 388 N.W.2d 535 (1986)(citing Cady v. Dombrowski, 413 U.S. 433, 439 (1973)), aff'd, Griffin v. Wisconsin, 483 U.S. 868 (1987).

2001State v. Griffin, 131 Wis. 2d 41, 50 , 388 N.W.2d 535 (1986)(citing Cady v. Dombrowski, 413 U.S. 433, 439 (1973)), aff'd, Griffin v. Wisconsin, 483 U.S. 868 (1987).

12001–2001
Cady v. Dombrowski green
scotus · 1973
2 sentences

2001State v. Griffin, 131 Wis. 2d 41, 50 , 388 N.W.2d 535 (1986)(citing Cady v. Dombrowski, 413 U.S. 433, 439 (1973)), aff'd, Griffin v. Wisconsin, 483 U.S. 868 (1987).

2001State v. Griffin, 131 Wis. 2d 41, 50 , 388 N.W.2d 535 (1986)(citing Cady v. Dombrowski, 413 U.S. 433, 439 (1973)), aff'd, Griffin v. Wisconsin, 483 U.S. 868 (1987).

12001–2001
Griffin v. Wisconsin green
scotus · 1987
2 sentences

2001State v. Griffin, 131 Wis. 2d 41, 50 , 388 N.W.2d 535 (1986)(citing Cady v. Dombrowski, 413 U.S. 433, 439 (1973)), aff'd, Griffin v. Wisconsin, 483 U.S. 868 (1987).

2001State v. Griffin, 131 Wis. 2d 41, 50 , 388 N.W.2d 535 (1986)(citing Cady v. Dombrowski, 413 U.S. 433, 439 (1973)), aff'd, Griffin v. Wisconsin, 483 U.S. 868 (1987).

12001–2001
Lister v. Board of Regents of the University of Wisconsin System green
wis · 1976
2 sentences

1977This declaration of rights by the trial court was so tentative and contingent on DNR action that the declaratory judgment would not finally settle the controversy and was thus not “ripe.” See, Lister v. Board of Regents, 72 Wis.2d 282, 309 , 240 N.W.2d 610 (1976); Pension Management, Inc. v. DuRose, 58 Wis.2d 122, 133 , 205 N.W.2d 553 (1973).

1977This declaration of rights by the trial court was so tentative and contingent on DNR action that the declaratory judgment would not finally settle the controversy and was thus not “ripe.” See, Lister v. Board of Regents, 72 Wis.2d 282, 309 , 240 N.W.2d 610 (1976); Pension Management, Inc. v. DuRose, 58 Wis.2d 122, 133 , 205 N.W.2d 553 (1973).

11977–1977
Pension Management, Inc. v. DuRose green
wis · 1973
2 sentences

1977This declaration of rights by the trial court was so tentative and contingent on DNR action that the declaratory judgment would not finally settle the controversy and was thus not “ripe.” See, Lister v. Board of Regents, 72 Wis.2d 282, 309 , 240 N.W.2d 610 (1976); Pension Management, Inc. v. DuRose, 58 Wis.2d 122, 133 , 205 N.W.2d 553 (1973).

1977This declaration of rights by the trial court was so tentative and contingent on DNR action that the declaratory judgment would not finally settle the controversy and was thus not “ripe.” See, Lister v. Board of Regents, 72 Wis.2d 282, 309 , 240 N.W.2d 610 (1976); Pension Management, Inc. v. DuRose, 58 Wis.2d 122, 133 , 205 N.W.2d 553 (1973).

11977–1977
Miller Scrap Iron Co. v. Boncher neutral
wis · 1921
2 sentences

1931It is unfortunate for the widow that she did not follow the plain intent of the law.” The decisions in Miller Scrap Iron Co. v. Boncher, 173 Wis. 257 , 180 N. W. 826 , and Harloff v. Merwin, 172 Wis. 30 , 177 N. W. 913 , are not applicable to the facts in the case at bar.

1931It is unfortunate for the widow that she did not follow the plain intent of the law.” The decisions in Miller Scrap Iron Co. v. Boncher, 173 Wis. 257 , 180 N. W. 826 , and Harloff v. Merwin, 172 Wis. 30 , 177 N. W. 913 , are not applicable to the facts in the case at bar.

11931–1931
Harloff v. Merwin neutral
wis · 1920
2 sentences

1931It is unfortunate for the widow that she did not follow the plain intent of the law.” The decisions in Miller Scrap Iron Co. v. Boncher, 173 Wis. 257 , 180 N. W. 826 , and Harloff v. Merwin, 172 Wis. 30 , 177 N. W. 913 , are not applicable to the facts in the case at bar.

1931It is unfortunate for the widow that she did not follow the plain intent of the law.” The decisions in Miller Scrap Iron Co. v. Boncher, 173 Wis. 257 , 180 N. W. 826 , and Harloff v. Merwin, 172 Wis. 30 , 177 N. W. 913 , are not applicable to the facts in the case at bar.

11931–1931
Duthey v. State green
wis · 1907
2 sentences

1929In Duthey v. State, 131 Wis. 178, 185 , 111 N. W. 222 , it is said that each phase of justifiable homicide defined in this section involves some element of self-defense or enforcement of a duty.

1929In Duthey v. State, 131 Wis. 178, 185 , 111 N. W. 222 , it is said that each phase of justifiable homicide defined in this section involves some element of self-defense or enforcement of a duty.

11929–1929
Lannon v. Hackett green
wis · 1880
2 sentences

1922Nothing in this section shall prevent any person having a lawful claim against a deceased person from bringing an action therefor against the executor, administrator, heir, devisee, or legatee of such deceased person, when no time has been fixed in which creditors may present their claims against the deceased for allowance, or when no notice of such limitations has been ordered or given.” In construing sec.- 3838 this court in Lannon v. Hackett, 49 Wis. 261, 270 , 5 N. W. 474 , held that the county court has power to determine equitable as well as legal claims.

1922Nothing in this section shall prevent any person having a lawful claim against a deceased person from bringing an action therefor against the executor, administrator, heir, devisee, or legatee of such deceased person, when no time has been fixed in which creditors may present their claims against the deceased for allowance, or when no notice of such limitations has been ordered or given.” In construing sec.- 3838 this court in Lannon v. Hackett, 49 Wis. 261, 270 , 5 N. W. 474 , held that the county court has power to determine equitable as well as legal claims.

11922–1922
Wisdom v. Wisdom green
wis · 1914
2 sentences

1922In Wisdom v. Wisdom, 155 Wis. 434 , 145 N. W. 126 , it was held that “The county court has full jurisdiction, in law as well as in equity, in respect to all controversies involved in the settlement of the estates of deceased persons.

1922In Wisdom v. Wisdom, 155 Wis. 434 , 145 N. W. 126 , it was held that “The county court has full jurisdiction, in law as well as in equity, in respect to all controversies involved in the settlement of the estates of deceased persons.

11922–1922
Price v. Dietrich neutral
wis · 1860
1 sentence

1897In Price v. Dietrich, 12 Wis. 626 , and Ernst v. Nau, 63 Wis. 134 , which were actions brought for the recovery of legal demands, the statutory prohibition in sec. 3845 against bringing actions against executors or administrators except in the cases therein specified was applied, and it was held that the remedy in the county court by presentation and proof of such claims is exclusive.

11897–1897
Ernst v. Nau neutral
wis · 1885
1 sentence

1897In Price v. Dietrich, 12 Wis. 626 , and Ernst v. Nau, 63 Wis. 134 , which were actions brought for the recovery of legal demands, the statutory prohibition in sec. 3845 against bringing actions against executors or administrators except in the cases therein specified was applied, and it was held that the remedy in the county court by presentation and proof of such claims is exclusive.

11897–1897

Where else courts name it

CA 64 (1910–2026) FL 36 (1899–2021) TX 32 (1874–2026) WA 32 (1939–2026) MS 22 (1917–2024) OH 20 (1923–2023) NY 19 (1877–2019) MO 19 (1878–2019) MD 17 (1947–2013) MI 13 (1880–2025) IL 12 (1901–2026) OK 12 (1909–1987) VA 12 (1910–2024) NE 9 (1950–2026) WI 9 (1897–2023) DC 8 (1958–2022) IN 8 (1982–2019) CT 7 (1919–2016) KY 6 (1986–2024) NC 6 (1910–1992) CO 6 (1970–2014) GA 5 (1925–2021) AZ 5 (1966–2016) SD 5 (1973–2026) NJ 5 (1953–2003) ID 5 (1945–2019) PA 5 (1946–2001) WY 5 (1980–2023) MA 5 (1982–2025) MN 5 (1885–1993) AL 5 (1968–2000) NM 4 (1972–2006) OR 4 (1908–2024) DE 2 (1981–2015) TN 2 (1992–2011) LA 2 (1942–1959) ME 2 (2015–2017) UT 2 (1934–1944) WV 2 (1946–1955) SC 2 (1911–2000) NV 2 (1918–2014)

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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