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

7 Wisconsin opinions name it 2 courts 1977–2021 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Wisconsin.

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 (7)

CaseCitedYears
Welytok v. Ziolkowski green
wisctapp · 2008
2 sentences

2021We defer to the court’s credibility determinations.3 See Welytok v. Ziolkowski, 2008 WI App 67, ¶28 , 312 Wis. 2d 435 , 752 N.W.2d 359 . ¶20 Weckler next argues the circuit court erred because it “dissected the testimony” regarding each claimed use of the disputed area and “refused to evaluate [those uses] collectively.” He asserts the court essentially applied a rule that in order to establish twenty continuous years of adverse possession, the “nature and type” of use must be the same for the entire twenty-year period.

2021We defer to the court’s credibility determinations.3 See Welytok v. Ziolkowski, 2008 WI App 67, ¶28 , 312 Wis. 2d 435 , 752 N.W.2d 359 . ¶20 Weckler next argues the circuit court erred because it “dissected the testimony” regarding each claimed use of the disputed area and “refused to evaluate [those uses] collectively.” He asserts the court essentially applied a rule that in order to establish twenty continuous years of adverse possession, the “nature and type” of use must be the same for the entire twenty-year period.

12021–2021
Amjad T. Tufail v. Midwest Hospitality, LLC green
wis · 2013
2 sentences

2018Tufail v. Midwest Hosp., LLC , 2013 WI 62 , ¶ 23, 348 Wis. 2d 631 , 833 N.W.2d 586 . ¶ 20 The circuit court properly observed that the Bank's evidence was severely lacking in showing that the dictates of WIS.

2018Tufail v. Midwest Hosp., LLC , 2013 WI 62 , ¶ 23, 348 Wis. 2d 631 , 833 N.W.2d 586 . ¶ 20 The circuit court properly observed that the Bank's evidence was severely lacking in showing that the dictates of WIS.

12018–2018
Harvot v. Solo Cup Co. green
wis · 2009
1 sentence

2012In Harvot , we ultimately rejected the plaintiffs claim to a jury trial right because "the most analogous common law cause of action" that the plaintiff offered to the court was essentially a claim for the breach of an employment contract. 320 Wis. 2d 1, ¶ 85 .

12012–2012
McMahon v. Brown green
wisctapp · 1985
2 sentences

2005Where Westport appears to err is in its failure to appreciate that this is essentially a claim of failure to adhere to professional standards, sounding in negligence, but arising in the context of a contract. 15 Malpractice actions "may sound in either tort or contract." McMahon v. Brown, 125 Wis. 2d 351, 353 , 371 N.W.2d 414 (Ct. App. 1985).

2005Where Westport appears to err is in its failure to appreciate that this is essentially a claim of failure to adhere to professional standards, sounding in negligence, but arising in the context of a contract. 15 Malpractice actions "may sound in either tort or contract." McMahon v. Brown, 125 Wis. 2d 351, 353 , 371 N.W.2d 414 (Ct. App. 1985).

12005–2005
State v. Cook green
wis · 1974
1 sentence

1979This essentially is the standard which a trial judge uses when he sentences a defendant in an ordinary criminal proceeding.” Cook, supra, 66 Wis.2d at 29 .

11979–1979
Garcia v. State green
wis · 1976
2 sentences

1978These rules were recently reiterated by the court in Garcia v. State, 73 Wis. 2d 174, 183 , 242 N.W.2d 919 (1976): "`While intent is a state of mind, it is not to be determined apart from the actions of the person involved.

1978These rules were recently reiterated by the court in Garcia v. State, 73 Wis. 2d 174, 183 , 242 N.W.2d 919 (1976): "`While intent is a state of mind, it is not to be determined apart from the actions of the person involved.

11978–1978
United States v. Agurs green
scotus · 1976
1 sentence

1977This is essentially the standard applied by the Court of Appeals, and I would affirm its judgment.” (Emphasis supplied.) (Agurs dissent, Slip Opinion at 8-9, 49 L.

11977–1977

Where else courts name it

CA 9 (1965–2016) PA 7 (1953–2019) WI 7 (1977–2021) TX 6 (1984–2021) HI 5 (1970–2014) IL 5 (1974–2014) IN 5 (1887–2020) TN 4 (1974–2019) AK 3 (1974–2012) MO 3 (1991–2017) MS 2 (1995–2000) NY 2 (1985–2016) NE 2 (1997–2023) AZ 2 (1985–1994) UT 2 (2011–2013) MA 2 (1985–2025) IA 2 (2014–2016) WV 2 (1981–1991) FL 2 (1991–2016) MI 2 (2019–2025) LA 2 (1983–1984)

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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