statute against claim (Wisconsin) · Go Syfert
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statute against claim in Wisconsin

6 Wisconsin opinions name it 2 courts 1907–1993 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 (3)

CaseFollowedCited
State v. Hermanngreen
wisctapp · 1991 · cited in 1 Wisconsin opinions naming this issue, 1993–1993
2 sentences

1993It is a "heavy" burden, id., for we will sustain a statute against such a challenge "if there is any reasonable basis for the exercise of legislative power." State v. Hermann, 164 Wis. 2d 269, 281 , 474 N.W.2d 906, 911 (Ct. App. 1991).

1993It is a "heavy" burden, id., for we will sustain a statute against such a challenge "if there is any reasonable basis for the exercise of legislative power." State v. Hermann, 164 Wis. 2d 269, 281 , 474 N.W.2d 906, 911 (Ct. App. 1991).

11
Town of Walworth v. Village of Fontana-On-Geneva Lakegreen
wisctapp · 1978 · cited in 1 Wisconsin opinions naming this issue, 1987–1987
2 sentences

1987Town of Walworth v. Village of Fontana-on-Geneva-Lake, 85 Wis. 2d 432, 435-36 , 270 N.W.2d 442, 444 (Ct. App. 1978).

1987Town of Walworth v. Village of Fontana-on-Geneva-Lake, 85 Wis. 2d 432, 435-36 , 270 N.W.2d 442, 444 (Ct. App. 1978).

11
Whalen v. Gordongreen
ca8 · 1899 · cited in 1 Wisconsin opinions naming this issue, 1907–1907
1 sentence

1907But an amendment which introduces a new or different cause of action, and makes a new or different demand, does not relate back to the beginning of the action, so as to- stop the running of the statute, but is the equivalent of a fresh suit upon a new cause of action, and the statute continues to run until the amendment is filed; and this rule applies although the two causes of action arise out of the same transaction, and, by the practice of the state, a plaintiff is only required in his pleading to state the facts which constitute his cause of action.” Whalen v. Gordon, 95 Fed. 305, 308, 309

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 (3)

CaseCitedYears
Meinshausen v. A. Gettelman Brewing Co. neutral
wis · 1907
2 sentences

1966There the court, quoting from Meinshausen v. A. Gettelman Brewing Co. (1907), 133 Wis. 95, 102 , 113 N. W. 408 , said that an amendment: “. . . which sets up no new cause of action or claim, and makes no new demand, but simply varies or expands the allegations in support of the cause of action already propounded, relates back to the commencement of the action, and the running of the statute against the claim so pleaded is arrested at that point.

1966There the court, quoting from Meinshausen v. A. Gettelman Brewing Co. (1907), 133 Wis. 95, 102 , 113 N. W. 408 , said that an amendment: “. . . which sets up no new cause of action or claim, and makes no new demand, but simply varies or expands the allegations in support of the cause of action already propounded, relates back to the commencement of the action, and the running of the statute against the claim so pleaded is arrested at that point.

21965–1966
Employers Health Insurance v. Tesmer green
wisctapp · 1991
2 sentences

1993It is a "heavy" burden, id., for we will sustain a statute against such a challenge "if there is any reasonable basis for the exercise of legislative power." State v. Hermann, 164 Wis. 2d 269, 281 , 474 N.W.2d 906, 911 (Ct. App. 1991).

1993It is a "heavy" burden, id., for we will sustain a statute against such a challenge "if there is any reasonable basis for the exercise of legislative power." State v. Hermann, 164 Wis. 2d 269, 281 , 474 N.W.2d 906, 911 (Ct. App. 1991).

11993–1993
Devitt v. City of Milwaukee green
wis · 1952
2 sentences

1982In Devitt v. Milwaukee, 261 Wis. 276 , 52 N.W.2d 872 (1952), we upheld this statute against the claim that it allowed the taking of property without due process.

1982In Devitt v. Milwaukee, 261 Wis. 276 , 52 N.W.2d 872 (1952), we upheld this statute against the claim that it allowed the taking of property without due process.

11982–1982

Where else courts name it

MI 6 (1976–2023) CA 6 (1981–2003) WI 6 (1907–1993) OK 3 (1915–1986) NJ 3 (1978–2002) AL 3 (1888–2015) NE 3 (1913–2017) MD 2 (1985–2000) AR 2 (1951–1975) SC 2 (1934–1958) VT 2 (1995–1995) IL 2 (1964–1991)

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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