five-sixths rule (Wisconsin) · Go Syfert
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five-sixths rule in Wisconsin

6 Wisconsin opinions name it 2 courts 1983–2004 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
McCauley v. International Trading Co.green
wis · 1954 · cited in 1 Wisconsin opinions naming this issue, 2001–2001
2 sentences

2001"To have a valid verdict the same [five-sixths of the] jurors must concur in the answers to all questions which are necessary to support a judgment; otherwise the verdict is defective." McCauley v. International Trading Co., 268 Wis. 62, 70 , 66 N.W.2d 633 (1954) (emphasis added).

2001"To have a valid verdict the same [five-sixths of the] jurors must concur in the answers to all questions which are necessary to support a judgment; otherwise the verdict is defective." McCauley v. International Trading Co., 268 Wis. 62, 70 , 66 N.W.2d 633 (1954) (emphasis added).

11
Giese v. Montgomery Ward, Inc.green
wis · 1983 · cited in 1 Wisconsin opinions naming this issue, 2000–2000
2 sentences

2000The supreme court set out the black letter principles of the five-sixths rule in Giese v. Montgomery Ward, Inc., 111 Wis. 2d 392 , 331 N.W.2d 585 (1983).

2000The supreme court set out the black letter principles of the five-sixths rule in Giese v. Montgomery Ward, Inc., 111 Wis. 2d 392 , 331 N.W.2d 585 (1983).

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 (9)

CaseCitedYears
City of West Allis v. Wisconsin Electric Power Co. green
wisctapp · 2001
1 sentence

2004City of West Allis, 248 Wis. 2d 10, ¶ 34 .

12004–2004
State v. Aimee M. green
wis · 1995
2 sentences

2001They posit that the only published Wisconsin case addressing a failure to raise a five-sixths rule violation at the time the verdict was returned is State v. Aimee M., 194 Wis. 2d 282 , 533 N.W.2d 812 (1995).

2001They posit that the only published Wisconsin case addressing a failure to raise a five-sixths rule violation at the time the verdict was returned is State v. Aimee M., 194 Wis. 2d 282 , 533 N.W.2d 812 (1995).

12001–2001
Seif v. Turowski green
wis · 1970
2 sentences

2001Seif v. Turowski, 49 Wis. 2d 15 , 181 N.W.2d 388 (1970), supports our view.

2001Seif v. Turowski, 49 Wis. 2d 15 , 181 N.W.2d 388 (1970), supports our view.

12001–2001
Westfall Ex Rel. Terwilliger v. Kottke green
wis · 1983
2 sentences

2001(In fact, if anything, WEPCO's arguments are undermined by West-fall, where the supreme court did not need to address any issue resulting from the five-sixths violation precisely because, "upon return of the verdict," the trial court "immediately re-instructed the jury and gave the jury the opportunity to reconsider its action." Westfall, 110 Wis. 2d at 98 .) ¶ 67.

2001(In fact, if anything, WEPCO's arguments are undermined by Westfall , where the supreme court did not need to address any issue resulting from the five-sixths violation precisely because, "upon return of the verdict," the trial court "immediately re-instructed the jury and gave the jury the opportunity to reconsider its action." Westfall, 110 Wis. 2d at 98 .) ¶ 67.

12001–2001
Holland v. State green
wis · 1979
2 sentences

1994The State contends that we should look to the reasoning of Holland v. State, 91 Wis. 2d 134 , 280 N.W.2d 288 (1979), cert. denied, 445 U.S. 931 (1980) to resolve this case.

1994The State contends that we should look to the reasoning of Holland v. State, 91 Wis. 2d 134 , 280 N.W.2d 288 (1979), cert. denied, 445 U.S. 931 (1980) to resolve this case.

11994–1994
Rackstraw v. California green
scotus · 1980
1 sentence

1994The State contends that we should look to the reasoning of Holland v. State, 91 Wis. 2d 134 , 280 N.W.2d 288 (1979), cert. denied, 445 U.S. 931 (1980) to resolve this case.

11994–1994
Lorbecki v. King neutral
wis · 1971
2 sentences

1993Vogt was followed in Lorbecki v. King, 49 Wis. 2d 463 , 182 N.W.2d 226 (1971).

1993Vogt was followed in Lorbecki v. King, 49 Wis. 2d 463 , 182 N.W.2d 226 (1971).

11993–1993
Krueger v. Winters green
wis · 1967
1 sentence

1983Such a waiver is clearly permissible, Krueger v. Winters, 37 Wis. 2d at 204 . 10 Therefore, be *406 cause the verdict was valid under the five-sixths rule, the plaintiffs have a constitutional right to entry of judgment on this verdict unless the trial court order granting a new trial was supported by another ground independent of the five-sixths rule.

11983–1983
Johnson v. Heintz green
wis · 1976
2 sentences

1983A claim for contribution is separate from and independent of the underlying claim, Johnson v. Heintz, 73 Wis. 2d 286, 295 , 243 N.W.2d 815 (1976), and thus the verdict must be separately examined as to these claims.

1983A claim for contribution is separate from and independent of the underlying claim, Johnson v. Heintz, 73 Wis. 2d 286, 295 , 243 N.W.2d 815 (1976), and thus the verdict must be separately examined as to these claims.

11983–1983

Statutes the citing opinions construe

WI § Wis. Stat. § 805.09 (4)

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

WI 6 (1983–2004) MA 2 (2015–2024)

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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