converse rule (Wisconsin) · Go Syfert
← Wisconsin issues

converse rule in Wisconsin

6 Wisconsin opinions name it 2 courts 1959–2010 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 (2)

CaseFollowedCited
Lenz v. Chicago & Northwestern Railway Co.green
wis · 1901 · cited in 2 Wisconsin opinions naming this issue, 1977–2010
2 sentences

2010Statutory provisions in favor of an owner, such as provisions regulating the remedies of such owner and the compensation to be paid to him, are to be liberally construed." 1 Nichols, Eminent Domain, § 3.213[4] (rev. 3d ed. 1976); See Lenz v. Chicago & Northwestern Railway Co., 111 Wis. 198, 206 , 86 N.W. 607 (1901).

2010Statutory provisions in favor of an owner, such as provisions regulating the remedies of such owner and the compensation to be paid to him, are to be liberally construed." 1 Nichols, Eminent Domain, § 3.213[4] (rev. 3d ed. 1976); See Lenz v. Chicago & Northwestern Railway Co., 111 Wis. 198, 206 , 86 N.W. 607 (1901).

22
Finger v. Stategreen
wis · 1968 · cited in 1 Wisconsin opinions naming this issue, 1969–1969
1 sentence

1969When all of the elements necessary to constitute the crime charged appear in the evidence, the law of this state gives the trier of fact great latitude in determining the credibility of the witnesses and the weight of the testimony to resolve any evidentiary or factual disputes and to find the defendant guilty or not guilty as the case may be. *78 In Finger v. State (1968), 40 Wis. 2d 103, 110, 111 , 161N.

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 (4)

CaseCitedYears
Gori v. United States green
scotus · 1961
2 sentences

1975The general rule and exception were there stated by the high court to be: ". . . where *224 circumstances develop not attributable to prosecutorial or judicial overreaching, a motion by the defendant for mistrial is ordinarily assumed to remove any barrier to reprosecution, even if the defendant's motion is necessitated by prosecutorial or judicial error. . . ." [42] There can be no doubt as to the meaning of "prosecutorial or judicial overreaching," for the high court footnoted the converse of the rule, stating: "Conversely, where a defendant's mistrial motion is necessitated by judicial or p

1975The general rule and exception were there stated by the high court to be: “. . . where circumstances develop not attributable to prosecutorial or judicial overreaching, a motion by the defendant for mistrial is ordinarily assumed to remove any barrier to reprosecution, even if the defendant’s motion is necessitated by prosecutorial or judicial error. . . .” 42 There can be no doubt as to the meaning of “prosecutorial or judicial overreaching,” for the high court footnoted the converse of the rule, stating: “Conversely, where a defendant’s mistrial motion is necessitated by judicial or prosecut

11975–1975
State v. Roggensack green
wis · 1963
2 sentences

1971It is argued on behalf of Mr. Wheeler that the converse of the rule stated in State v. Roggensack (1963), 19 Wis. 2d 38 , 119 N. W. 2d 412 , should also be a rule.

1971It is argued on behalf of Mr. Wheeler that the converse of the rule stated in State v. Roggensack (1963), 19 Wis. 2d 38 , 119 N. W. 2d 412 , should also be a rule.

11971–1971
Umnus v. Wisconsin Public Service Corp. green
wis · 1952
2 sentences

1959The plaintiff bases such contention upon the following statement appearing in Wisconsin Bridge & Iron Co. v. Industrial Comm. (1956), 273 Wis. 266, 271 , 77 N. W. (2d) 413 : “Respondents also cite the rule of Umnus v. Wisconsin Public Service Corp. (1952), 260 Wis. 433 , 51 N. W. (2d) 42 , and other cases holding that the causal connection between injury and violation of a safety order may be presumed where the injury is such as the order is intended to prevent.” It is urged that the converse of such rule should be applied where the injury is not such as the violated safety order was intended

1959The plaintiff bases such contention upon the following statement appearing in Wisconsin Bridge & Iron Co. v. Industrial Comm. (1956), 273 Wis. 266, 271 , 77 N. W. (2d) 413 : “Respondents also cite the rule of Umnus v. Wisconsin Public Service Corp. (1952), 260 Wis. 433 , 51 N. W. (2d) 42 , and other cases holding that the causal connection between injury and violation of a safety order may be presumed where the injury is such as the order is intended to prevent.” It is urged that the converse of such rule should be applied where the injury is not such as the violated safety order was intended

11959–1959
Wisconsin Bridge & Iron Co. v. Industrial Commission neutral
wis · 1956
2 sentences

1959The plaintiff bases such contention upon the following statement appearing in Wisconsin Bridge & Iron Co. v. Industrial Comm. (1956), 273 Wis. 266, 271 , 77 N. W. (2d) 413 : “Respondents also cite the rule of Umnus v. Wisconsin Public Service Corp. (1952), 260 Wis. 433 , 51 N. W. (2d) 42 , and other cases holding that the causal connection between injury and violation of a safety order may be presumed where the injury is such as the order is intended to prevent.” It is urged that the converse of such rule should be applied where the injury is not such as the violated safety order was intended

1959The plaintiff bases such contention upon the following statement appearing in Wisconsin Bridge & Iron Co. v. Industrial Comm. (1956), 273 Wis. 266, 271 , 77 N. W. (2d) 413 : “Respondents also cite the rule of Umnus v. Wisconsin Public Service Corp. (1952), 260 Wis. 433 , 51 N. W. (2d) 42 , and other cases holding that the causal connection between injury and violation of a safety order may be presumed where the injury is such as the order is intended to prevent.” It is urged that the converse of such rule should be applied where the injury is not such as the violated safety order was intended

11959–1959

Where else courts name it

MO 161 (1901–2023) OK 37 (1898–1975) CA 37 (1882–2016) NY 33 (1860–2014) TX 28 (1946–2023) LA 23 (1928–2018) FL 20 (1959–2003) PA 18 (1889–2025) KY 17 (1930–2013) WA 14 (1905–2018) GA 13 (1941–1996) IL 12 (1893–2024) KS 9 (1895–2006) NC 8 (1904–2010) IA 8 (1871–2008) OR 8 (1912–1987) ID 7 (1913–2012) NJ 7 (1959–2021) VA 6 (1909–1997) WI 6 (1959–2010) NM 5 (1918–1994) MN 5 (1891–1956) WV 5 (1909–2001) MD 5 (1960–2006) MA 5 (1913–1972) MI 5 (1919–1984) IN 4 (1892–2019) CT 4 (1926–2014) MS 4 (1872–2018) OH 4 (1957–2008) DC 4 (1993–2022) AR 4 (1919–1967) SD 3 (1903–1976) RI 3 (1858–2009) ME 3 (1848–1980) AL 2 (1911–2012) TN 2 (1938–1974) SC 2 (1935–1946) NE 2 (1951–1959) VT 2 (1921–1937) NH 2 (2017–2020) MT 2 (1923–1929) CO 2 (1923–1981)

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.

← Caselaw search · G Cite Topics · Brief Check