elementary principle in Wisconsin

63 Wisconsin opinions name it 3 courts 1875–2022 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.

Followed or applied (12)

Case	Followed	Cited
Lewellyn v. Department of Industry, Labor & Human Relationsgreen wis · 1968 · cited in 3 Wisconsin opinions naming this issue, 1969–1980 2 sentences 1969In Lewellyn v. ILHR Department (1968), 38 Wis. 2d 43, 51, 52 , 155 N. W. 2d 678 , a case also dealing with an alleged industrial back injury, the court summarized much of the law as follows: “ Tf credible evidence exists in support of the commission’s findings, such findings are conclusive. . . . “ ‘ “The question is not whether there is credible evidence in the record to sustain a finding the commission did not make, but whether there is any credible evidence to sustain the finding the commission did make.” ’ ” “ Tt is an elementary principle of law that the applicant has the burden of proof 1969In Lewellyn v. ILHR Department (1968), 38 Wis. 2d 43, 51, 52 , 155 N. W. 2d 678 , a case also dealing with an alleged industrial back injury, the court summarized much of the law as follows: “ Tf credible evidence exists in support of the commission’s findings, such findings are conclusive. . . . “ ‘ “The question is not whether there is credible evidence in the record to sustain a finding the commission did not make, but whether there is any credible evidence to sustain the finding the commission did make.” ’ ” “ Tt is an elementary principle of law that the applicant has the burden of proof	1	3
Fink v. City of Milwaukeegreen wis · 1863 · cited in 2 Wisconsin opinions naming this issue, 2011–2015 2 sentences 2015See Fink v. City of Milwaukee, 17 Wis. 26, 28 (1863) ("It is an elementary rule of criminal law, that. . . the facts and circumstances which constitute the offense . . . must be stated with such certainty and precision that the defendant may be enabled to judge whether they constitute an indictable offense or not. . . ."). 2011It was in this context that the test that came to be known as the Holesome test was first set forth: Now it is an elementary rule of criminal law, that. . . the facts and circumstances which constitute the offense . . . must be stated with such certainty and precision that the defendant may be enabled to judge whether they constitute an indictable offense or not, in order that he may demur or plead to the indictment accordingly, prepare his defense, and be able to plead the conviction or acquittal in bar of another prosecution for the same offense." Fink, 17 Wis. at 28-29 .	1	2
United Leasing & Financial Services, Inc. v. R. F. Optical, Inc.green wisctapp · 1981 · cited in 1 Wisconsin opinions naming this issue, 2020–2020 2 sentences 2020Optical, Inc., 103 Wis. 2d 488, 492 , 309 N.W.2d 23 (Ct. App. 1981) (“The elementary rule of contract damages is that a party is entitled to be placed in the same position as if the breach had not occurred.”). 2020Optical, Inc., 103 Wis. 2d 488, 492 , 309 N.W.2d 23 (Ct. App. 1981) (“The elementary rule of contract damages is that a party is entitled to be placed in the same position as if the breach had not occurred.”).	1	1
State Ex Rel. Fort Howard Paper Co. v. State of Wisconsin Lake District Board of Reviewgreen wis · 1978 · cited in 1 Wisconsin opinions naming this issue, 2005–2005 2 sentences 2005Bd., 82 Wis. 2d 491, 505 , 263 N.W.2d 178 (1978) ("The cardinal rule of statutory construction is to preserve a statute and find it constitutional if it is at all possible to do so."); White House Milk Co. v. Reynolds, 12 Wis. 2d 143, 150-51 , 106 N.W.2d 441 (1960) ("It is an elementary principle of law in this state that this court will search for a means to sustain a statute.... 2005Bd., 82 Wis. 2d 491, 505 , 263 N.W.2d 178 (1978) ("The cardinal rule of statutory construction is to preserve a statute and find it constitutional if it is at all possible to do so."); White House Milk Co. v. Reynolds, 12 Wis. 2d 143, 150-51 , 106 N.W.2d 441 (1960) ("It is an elementary principle of law in this state that this court will search for a means to sustain a statute....	1	1
Bolick v. Gallaghergreen wis · 1955 · cited in 1 Wisconsin opinions naming this issue, 1997–1997 2 sentences 1997Haessly argues that "Wisconsin has long recognized the doctrine of successive torts" and then quotes from Bolick v. Gallagher, 268 Wis. 421, 427 , 67 N.W.2d 860, 863 (1955): "It is an elementary principle that where independent torts result in separate injuries, each tort-feasor is separately liable for his own torts." In further support of her argument, Haessly directs us to the Restatement (Second) of Torts § 322 (1965), "Duty to Aid Another Harmed by Actor's Conduct," which provides: If the actor knows or has reason to know that by his [or her] conduct, whether tortious or innocent, he [or 1997Haessly argues that "Wisconsin has long recognized the doctrine of successive torts" and then quotes from Bolick v. Gallagher, 268 Wis. 421, 427 , 67 N.W.2d 860, 863 (1955): "It is an elementary principle that where independent torts result in separate injuries, each tort-feasor is separately liable for his own torts." In further support of her argument, Haessly directs us to the Restatement (Second) of Torts § 322 (1965), "Duty to Aid Another Harmed by Actor's Conduct," which provides: If the actor knows or has reason to know that by his [or her] conduct, whether tortious or innocent, he [or	1	1
Burke v. E.L.C. Investors, Inc.green wisctapp · 1982 · cited in 1 Wisconsin opinions naming this issue, 1994–1994 2 sentences 1994See Burke, 110 Wis. 2d at 410 , 329 N.W.2d at 261 . 1994See Burke, 110 Wis. 2d at 410 , 329 N.W.2d at 261 .	1	1
Fred Rueping Leather Co. v. City of Fond Du Lacgreen wisctapp · 1980 · cited in 1 Wisconsin opinions naming this issue, 1994–1994 2 sentences 1994The elementary rule of statutory construction that "a statute which expresses one thing is exclusive of another" compels us to the logical inference that the right to petition for judicial review in § 150.43, Stats., is an exclusive right of the "applicant." See Fred Rueping Leather Co. v. City of Fond du Lac, 99 Wis. 2d 1, 5 , 298 N.W.2d 227, 230 (Ct. App. 1980). 1994The elementary rule of statutory construction that "a statute which expresses one thing is exclusive of another" compels us to the logical inference that the right to petition for judicial review in § 150.43, Stats., is an exclusive right of the "applicant." See Fred Rueping Leather Co. v. City of Fond du Lac, 99 Wis. 2d 1, 5 , 298 N.W.2d 227, 230 (Ct. App. 1980).	1	1
Dehnart v. Waukesha Brewing Co.green wis · 1963 · cited in 1 Wisconsin opinions naming this issue, 1991–1991 2 sentences 1991Dehnart v. Waukesha Brewing Co., 21 Wis. 2d 583, 589 , 124 N.W.2d 664, 667 (1963); Restatement (Second) of Judgments sec. 84 (1982). 1991Dehnart v. Waukesha Brewing Co., 21 Wis. 2d 583, 589 , 124 N.W.2d 664, 667 (1963); Restatement (Second) of Judgments sec. 84 (1982).	1	1
State v. Christensengreen wis · 1983 · cited in 1 Wisconsin opinions naming this issue, 1984–1984	1	1
Lehner v. Kelleygreen wis · 1934 · cited in 1 Wisconsin opinions naming this issue, 1981–1981	1	1
Bridgkort Racquet Club, Inc. v. University Bankgreen wisctapp · 1978 · cited in 1 Wisconsin opinions naming this issue, 1981–1981	1	1
Timberlake v. Kenkelgreen wied · 1974 · cited in 1 Wisconsin opinions naming this issue, 1980–1980	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (68)

Case	Cited	Years
Fitz v. Industrial Commission green wis · 1960 2 sentences 1980Nielsen v. Industrial Comm. (1961), 14 Wis. (2d) 112, 109 N.W. (2d) 483 ; Fitz v. Industrial Comm. (1960), 10 Wis. (2d) 202, 102 N.W. (2d) 93 ; and Johnston v. Industrial Comm. (1958), 3 Wis. (2d) 173, 87 N.W. (2d) 822 .’ ” Lewellyn v. ILHR Department (1968), 38 Wis.2d 43, 52 , 155 N.W.2d 678 .” (Emphasis supplied.) Id. at 118 . 1970Nielsen v. Industrial Comm. (1961), 14 Wis. (2d) 112, 109 N. W. (2d) 483 ; Fitz v. Industrial Comm. (1960), 10 Wis. (2d) 202, 102 N. W. (2d) 93 ; and Johnston v. Industrial Comm. (1958), 3 Wis. (2d) 173, 87 N. W. (2d) 822 .’ ” Lewellyn v. ILHR Department (1968), 38 Wis. 2d 43, 52 , 155 N. W. 2d 678 . *119 However, when compensation is denied there must be sufficient evidence to support the department’s findings that the facts are not as the applicant alleged them to be. “. . .	3	1962–1980
Nielsen v. Industrial Commission neutral wis · 1961 2 sentences 1980Nielsen v. Industrial Comm. (1961), 14 Wis. (2d) 112, 109 N.W. (2d) 483 ; Fitz v. Industrial Comm. (1960), 10 Wis. (2d) 202, 102 N.W. (2d) 93 ; and Johnston v. Industrial Comm. (1958), 3 Wis. (2d) 173, 87 N.W. (2d) 822 .’ ” Lewellyn v. ILHR Department (1968), 38 Wis.2d 43, 52 , 155 N.W.2d 678 .” (Emphasis supplied.) Id. at 118 . 1970Nielsen v. Industrial Comm. (1961), 14 Wis. (2d) 112, 109 N. W. (2d) 483 ; Fitz v. Industrial Comm. (1960), 10 Wis. (2d) 202, 102 N. W. (2d) 93 ; and Johnston v. Industrial Comm. (1958), 3 Wis. (2d) 173, 87 N. W. (2d) 822 .’ ” Lewellyn v. ILHR Department (1968), 38 Wis. 2d 43, 52 , 155 N. W. 2d 678 . *119 However, when compensation is denied there must be sufficient evidence to support the department’s findings that the facts are not as the applicant alleged them to be. “. . .	3	1962–1980
Johnston v. Industrial Commission neutral wis · 1958 2 sentences 1980Nielsen v. Industrial Comm. (1961), 14 Wis. (2d) 112, 109 N.W. (2d) 483 ; Fitz v. Industrial Comm. (1960), 10 Wis. (2d) 202, 102 N.W. (2d) 93 ; and Johnston v. Industrial Comm. (1958), 3 Wis. (2d) 173, 87 N.W. (2d) 822 .’ ” Lewellyn v. ILHR Department (1968), 38 Wis.2d 43, 52 , 155 N.W.2d 678 .” (Emphasis supplied.) Id. at 118 . 1970Nielsen v. Industrial Comm. (1961), 14 Wis. (2d) 112, 109 N. W. (2d) 483 ; Fitz v. Industrial Comm. (1960), 10 Wis. (2d) 202, 102 N. W. (2d) 93 ; and Johnston v. Industrial Comm. (1958), 3 Wis. (2d) 173, 87 N. W. (2d) 822 .’ ” Lewellyn v. ILHR Department (1968), 38 Wis. 2d 43, 52 , 155 N. W. 2d 678 . *119 However, when compensation is denied there must be sufficient evidence to support the department’s findings that the facts are not as the applicant alleged them to be. “. . .	3	1962–1980
CODEPT, INC. v. More-Way North Corp. green wis · 1964 2 sentences 2022The trial court's decision concerning an injunction will not be reversed unless the discretion has been abused."); Codept, Inc. v. More- Way N. Corp., 23 Wis. 2d 165, 171 , 127 N.W.2d 29 (1964) ("It is an elementary rule of law that the granting or refusal of a 25 No. 2020AP1032 motion would never be appropriate, we are unable to find any support for the proposition that addressing a new motion for injunctive relief under § 813.02 would be proper at this juncture. ¶38 The original preliminary injunction motion under § 813.02 remains pending in circuit court. 2022The trial court's decision concerning an injunction will not be reversed unless the discretion has been abused."); Codept, Inc. v. More- Way N. Corp., 23 Wis. 2d 165, 171 , 127 N.W.2d 29 (1964) ("It is an elementary rule of law that the granting or refusal of a 25 No. 2020AP1032 motion would never be appropriate, we are unable to find any support for the proposition that addressing a new motion for injunctive relief under § 813.02 would be proper at this juncture. ¶38 The original preliminary injunction motion under § 813.02 remains pending in circuit court.	2	1995–2022
Culligan, Inc. v. Rheaume green wis · 1955 2 sentences 1974Fassbender v. Peters (1923), 179 Wis. 587, 588 , 191 N. W. 973 ; Culligan, Inc. v. Rheaume (1955), 269 Wis. 242, 248 , 68 N. W. (2d) 810 . 1974Fassbender v. Peters (1923), 179 Wis. 587, 588 , 191 N. W. 973 ; Culligan, Inc. v. Rheaume (1955), 269 Wis. 242, 248 , 68 N. W. (2d) 810 .	2	1964–1974
Fassbender v. Peters neutral wis · 1923 2 sentences 1974Fassbender v. Peters (1923), 179 Wis. 587, 588 , 191 N. W. 973 ; Culligan, Inc. v. Rheaume (1955), 269 Wis. 242, 248 , 68 N. W. (2d) 810 . 1974Fassbender v. Peters (1923), 179 Wis. 587, 588 , 191 N. W. 973 ; Culligan, Inc. v. Rheaume (1955), 269 Wis. 242, 248 , 68 N. W. (2d) 810 .	2	1964–1974
Northern Discount Co. v. Luebke neutral wis · 1959 2 sentences 1974If the legislature has created redundancies, it is not up to this court to create functions for such parts.” 5 Prechel v. Monroe (1968), 40 Wis. 2d 231, 239 , 161 N. W. 2d 373 , stating: “‘It is an elementary rule of statutory construction that effect must be given if possible to every word, clause and sentence thereof. . . .' ” (Quoting Northern Discount Co. v. Luebke (1959), 6 Wis. 2d 313, 316 , 94 N. W. 2d 605 .) 6 Art. 1974If the legislature has created redundancies, it is not up to this court to create functions for such parts.” 5 Prechel v. Monroe (1968), 40 Wis. 2d 231, 239 , 161 N. W. 2d 373 , stating: “‘It is an elementary rule of statutory construction that effect must be given if possible to every word, clause and sentence thereof. . . .' ” (Quoting Northern Discount Co. v. Luebke (1959), 6 Wis. 2d 313, 316 , 94 N. W. 2d 605 .) 6 Art.	2	1974–1974
Barker Barrel Co. v. Fisher neutral wis · 1960 2 sentences 1964Barker Barrel Co. v. Fisher (1960), 10 Wis. (2d) 197, 102 N. W. (2d) 107 .” Thompson v. Beth (1961), 14 Wis. (2d) 271, 279, 111 N. W. (2d) 171 . 1961Barker Barrel Co. v. Fisher (1960), 10 Wis. (2d) 197, 102 N. W. (2d) 107 . (3) Allowance of interest.	2	1961–1964
Lansing v. Carpenter neutral wis · 1859 2 sentences 1885Chief Justice RyaN said in that case: “We take it to be an elementary rule that‘words are actionable which directly tend to the prejudice of any one in his office, profession, trade, or business.’ ” 1 Stai’kie, Sland. 117; Lansing v. Carpenter, 9 Wis. 540 ; Townsh. 1875This rule is expressly recognized and asserted in Lansing v. Carpen ter, 9 Wis., 540 .	2	1875–1885
Leist v. Labor & Industry Review Commission green wis · 1994 2 sentences 2022The burden of showing that LIRC’s decision was not supported by credible and substantial evidence “is on the party seeking to set aside LIRC’s findings and order.” Xcel Energy Servs., Inc., v. LIRC, 2013 WI 64, ¶48 , 349 Wis. 2d 234 , 833 N.W.2d 665 . ¶35 In fact, it is “‘an elementary principle’ that the claimant has the burden of proving beyond a legitimate doubt all the facts essential to the recovery of compensation.” Leist v. LIRC, 183 Wis. 2d 450, 457 , 515 N.W.2d 268 (1994) 1 All references to the Wisconsin Statutes are to the 2019-20 version unless otherwise noted. 11 No. 2021AP1155 (c 2022The burden of showing that LIRC’s decision was not supported by credible and substantial evidence “is on the party seeking to set aside LIRC’s findings and order.” Xcel Energy Servs., Inc., v. LIRC, 2013 WI 64, ¶48 , 349 Wis. 2d 234 , 833 N.W.2d 665 . ¶35 In fact, it is “‘an elementary principle’ that the claimant has the burden of proving beyond a legitimate doubt all the facts essential to the recovery of compensation.” Leist v. LIRC, 183 Wis. 2d 450, 457 , 515 N.W.2d 268 (1994) 1 All references to the Wisconsin Statutes are to the 2019-20 version unless otherwise noted. 11 No. 2021AP1155 (c	1	2022–2022
Xcel Energy Services, Inc. v. Labor & Industry Review Commission green wis · 2013 2 sentences 2022The burden of showing that LIRC’s decision was not supported by credible and substantial evidence “is on the party seeking to set aside LIRC’s findings and order.” Xcel Energy Servs., Inc., v. LIRC, 2013 WI 64, ¶48 , 349 Wis. 2d 234 , 833 N.W.2d 665 . ¶35 In fact, it is “‘an elementary principle’ that the claimant has the burden of proving beyond a legitimate doubt all the facts essential to the recovery of compensation.” Leist v. LIRC, 183 Wis. 2d 450, 457 , 515 N.W.2d 268 (1994) 1 All references to the Wisconsin Statutes are to the 2019-20 version unless otherwise noted. 11 No. 2021AP1155 (c 2022The burden of showing that LIRC’s decision was not supported by credible and substantial evidence “is on the party seeking to set aside LIRC’s findings and order.” Xcel Energy Servs., Inc., v. LIRC, 2013 WI 64, ¶48 , 349 Wis. 2d 234 , 833 N.W.2d 665 . ¶35 In fact, it is “‘an elementary principle’ that the claimant has the burden of proving beyond a legitimate doubt all the facts essential to the recovery of compensation.” Leist v. LIRC, 183 Wis. 2d 450, 457 , 515 N.W.2d 268 (1994) 1 All references to the Wisconsin Statutes are to the 2019-20 version unless otherwise noted. 11 No. 2021AP1155 (c	1	2022–2022
State v. Quintana green wis · 2008 2 sentences 2014(Emphasis added.) The statute explicitly says that a temporary restraining order can be extended "once for 14 days upon a finding that the respondent has not been served with a copy of the temporary restraining order." Id. (emphasis added). " 'It is an elementary rule of construction that effect must he given, if possible, to every word, clause, and sentence of a statute.' " State v. Quintana, 2008 WI 33, ¶ 60 , 308 Wis. 2d 615 , 748 N.W.2d 447 (citations omitted). 2014(Emphasis added.) The statute explicitly says that a temporary restraining order can be extended "once for 14 days upon a finding that the respondent has not been served with a copy of the temporary restraining order." Id. (emphasis added). " 'It is an elementary rule of construction that effect must he given, if possible, to every word, clause, and sentence of a statute.' " State v. Quintana, 2008 WI 33, ¶ 60 , 308 Wis. 2d 615 , 748 N.W.2d 447 (citations omitted).	1	2014–2014
State v. Martin green wis · 1991 2 sentences 2008"It is an elementary rule of construction that effect must be given, if possible, to every word, clause, and sentence of a statute." 2A Singer et al., supra, § 46.6; State v. Martin, 162 Wis. 2d 883, 894 , 470 N.W.2d 900 (1991). 650 ¶ 61. 2008"It is an elementary rule of construction that effect must be given, if possible, to every word, clause, and sentence of a statute." 2A Singer et al., supra, § 46.6; State v. Martin, 162 Wis. 2d 883, 894 , 470 N.W.2d 900 (1991). 650 ¶ 61.	1	2008–2008
White House Milk Co. v. Reynolds green wis · 1960 2 sentences 2005Bd., 82 Wis. 2d 491, 505 , 263 N.W.2d 178 (1978) ("The cardinal rule of statutory construction is to preserve a statute and find it constitutional if it is at all possible to do so."); White House Milk Co. v. Reynolds, 12 Wis. 2d 143, 150-51 , 106 N.W.2d 441 (1960) ("It is an elementary principle of law in this state that this court will search for a means to sustain a statute.... 2005Bd., 82 Wis. 2d 491, 505 , 263 N.W.2d 178 (1978) ("The cardinal rule of statutory construction is to preserve a statute and find it constitutional if it is at all possible to do so."); White House Milk Co. v. Reynolds, 12 Wis. 2d 143, 150-51 , 106 N.W.2d 441 (1960) ("It is an elementary principle of law in this state that this court will search for a means to sustain a statute....	1	2005–2005
Greenebaum v. Department of Taxation green wis · 1957 2 sentences 2001Further, although L'Arciere correctly points out that "process" appears with "manufactured" and "serviced" it does not necessarily follow that "process" is to be interpreted as meaning "a transformation as occurs in manufacturing."" 'It is an elementary rule for the construction of statutes that effect must be given, if possible, to every word, clause, and sentence thereof.'" Greenebaum v. Dep't of Taxation, 1 Wis. 2d 234, 238 , 83 N.W.2d 682 (1957) (quoting State v. Columbian Nat. 2001Further, although L'Arciere correctly points out that "process" appears with "manufactured" and "serviced" it does not necessarily follow that "process" is to be interpreted as meaning "a transformation as occurs in manufacturing."" 'It is an elementary rule for the construction of statutes that effect must be given, if possible, to every word, clause, and sentence thereof.'" Greenebaum v. Dep't of Taxation, 1 Wis. 2d 234, 238 , 83 N.W.2d 682 (1957) (quoting State v. Columbian Nat.	1	2001–2001
Bumpas v. Department of Industry, Labor & Human Relations green wis · 1980 2 sentences 2000Bumpas v. DILHR, 95 Wis. 2d 334, 342-43 , 290 N.W.2d 504 (1980) (citation omitted). 2000Bumpas v. DILHR, 95 Wis. 2d 334, 342-43 , 290 N.W.2d 504 (1980) (citation omitted).	1	2000–2000
Belich v. Szymaszek green wisctapp · 1999 2 sentences 2000Reasonable inferences were discussed recently in Belich v. Szymaszek, 224 Wis. 2d 419, 425 , 592 N.W.2d 254 (Ct. App. 1999), in which the court said: An elementary principle is that an inferred fact is a logical, factual conclusion drawn from basic facts or historical evidence. 2000Reasonable inferences were discussed recently in Belich v. Szymaszek, 224 Wis. 2d 419, 425 , 592 N.W.2d 254 (Ct. App. 1999), in which the court said: An elementary principle is that an inferred fact is a logical, factual conclusion drawn from basic facts or historical evidence.	1	2000–2000
Akin v. Kewaskum Community Schools green wis · 1974 2 sentences 1995Further, "' [i]t is an elementary rule of law that the granting or refusal of a temporary injunction is a matter lying within the discretion of the trial court, and its determination in regard thereto will not be upset on appeal unless an abuse of discretion is shown.'" Akin v. Kewaskum Community Schools, 64 Wis. 2d 154, 159 , 218 N.W.2d 494 (1974) (quoting Codept, Inc. v. More-Way North Corp., 23 Wis. 2d 165, 171 , 127 N.W.2d 29 (1964)). 1995Further, "' [i]t is an elementary rule of law that the granting or refusal of a temporary injunction is a matter lying within the discretion of the trial court, and its determination in regard thereto will not be upset on appeal unless an abuse of discretion is shown.'" Akin v. Kewaskum Community Schools, 64 Wis. 2d 154, 159 , 218 N.W.2d 494 (1974) (quoting Codept, Inc. v. More-Way North Corp., 23 Wis. 2d 165, 171 , 127 N.W.2d 29 (1964)).	1	1995–1995
Erickson v. Department of Industry, Labor & Human Relations green wis · 1970 1 sentence 1994Id.	1	1994–1994
Crowley v. Knapp green wis · 1980 2 sentences 1987Second, "in harmony with the elementary principle of property law favoring the free and unrestricted use of land," it accomplishes the remedial purpose of "enabl[ing] `persons who otherwise would be institutionalized to live in normal residential settings.'" Crowley v. Knapp , 94 Wis.2d 421 , 433 n. 1, 288 N.W.2d 815 (1980). 1987Second, "in harmony with the elementary principle of property law favoring the free and unrestricted use of land," it accomplishes the remedial purpose of "enabl[ing] `persons who otherwise would be institutionalized to live in normal residential settings.'" Crowley v. Knapp , 94 Wis.2d 421 , 433 n. 1, 288 N.W.2d 815 (1980).	1	1987–1987
State v. Britzke green wisctapp · 1982 2 sentences 1984See State v. Christensen , 110 Wis.2d 538 , 543 n. 6, 329 N.W.2d 382 (1983); State v. Britzke , 108 Wis.2d 675 , 681 , 324 N.W.2d 289 (Ct.App. 1982), aff'd , 110 Wis.2d 728 , 329 N.W.2d 207 (1983). 1984See State v. Christensen , 110 Wis.2d 538 , 543 n. 6, 329 N.W.2d 382 (1983); State v. Britzke , 108 Wis.2d 675 , 681 , 324 N.W.2d 289 (Ct.App. 1982), aff'd , 110 Wis.2d 728 , 329 N.W.2d 207 (1983).	1	1984–1984
State v. Britzke green wis · 1983 2 sentences 1984See State v. Christensen , 110 Wis.2d 538 , 543 n. 6, 329 N.W.2d 382 (1983); State v. Britzke , 108 Wis.2d 675 , 681 , 324 N.W.2d 289 (Ct.App. 1982), aff'd , 110 Wis.2d 728 , 329 N.W.2d 207 (1983). 1984See State v. Christensen , 110 Wis.2d 538 , 543 n. 6, 329 N.W.2d 382 (1983); State v. Britzke , 108 Wis.2d 675 , 681 , 324 N.W.2d 289 (Ct.App. 1982), aff'd , 110 Wis.2d 728 , 329 N.W.2d 207 (1983).	1	1984–1984
Wolff v. McDonnell green scotus · 1974	1	1975–1975
Morrissey v. Brewer green scotus · 1972	1	1975–1975
Prechel v. City of Monroe green wis · 1968	1	1974–1974
Madler v. Matzen green wis · 1938	1	1972–1972
Department of Taxation v. Pabst green wis · 1961	1	1972–1972
Van Valin v. Industrial Commission green wis · 1962	1	1968–1968
Thompson v. Beth green wis · 1961	1	1964–1964
Boden v. City of Milwaukee green wis · 1959	1	1963–1963
Bradley v. Andrus neutral ca3 · 1901	1	1961–1961
State v. Willing neutral wis · 1951	1	1960–1960
Hartman v. Loverud neutral wis · 1938	1	1960–1960
Estate of Eannelli green wis · 1955	1	1960–1960
Swazee v. Lee neutral wis · 1951	1	1960–1960
Ische v. Ische green wis · 1948	1	1960–1960
Lerner v. Lerner neutral wis · 1948	1	1960–1960
Oconto Co. v. Bacon green wis · 1923	1	1960–1960
Wille v. State ex rel. Kessler neutral wis · 1927	1	1960–1960
Pauly v. Keebler green wis · 1921	1	1958–1958

Where else courts name it

CA 301 (1889–2026) TX 180 (1876–2026) GA 147 (1899–2022) IL 143 (1873–2026) NY 141 (1833–2019) CT 86 (1835–2025) IN 85 (1879–2024) PA 78 (1834–2021) FL 76 (1899–2025) NC 70 (1824–2026) KY 63 (1891–2026) WI 63 (1875–2022) MO 55 (1881–2024) IA 55 (1863–2023) VA 54 (1851–2025) MD 54 (1906–2022) MI 53 (1888–2026) TN 52 (1875–2025) AL 51 (1874–2022) WV 50 (1884–2024) MA 48 (1880–2025) AR 47 (1898–2024) LA 47 (1908–2009) OK 46 (1900–2007) MT 42 (1893–2017) WA 41 (1891–2025) KS 39 (1916–2021) ME 37 (1851–2022) OR 33 (1887–2015) NE 32 (1892–2019) MS 29 (1895–2023) HI 29 (1902–2026) MN 28 (1888–2015) OH 27 (1881–2020) CO 26 (1894–2010) NJ 25 (1867–2025) UT 23 (1899–2013) SD 19 (1894–2026) SC 19 (1907–2018) ID 17 (1909–2023) DE 16 (1932–2020) AZ 15 (1903–2009) ND 13 (1898–2020) NM 12 (1907–2023) WY 12 (1930–2014) VT 10 (1865–1986) NH 10 (1860–2016) NV 9 (1913–2015) RI 6 (1895–2017) AK 6 (1985–2023) DC 6 (1948–2013) PR 3 (1904–1939) VI 2 (1984–2007)

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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