Reports of Cases Argued and Determined in the Supreme Court of the State of Wisconsin, Volume 117 |
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Common terms and phrases
adverse possession affirmed agreement alleged Allen amendment amount appellant appellant's assessment assignment attorney Bank brief CASSODAY cause of action Chain Belt charge circuit court Circuit Judge claim commenced complaint construction contract contributory negligence corporation costs counsel county court court of equity creditors Croix county Croix Power damages decision deed defects defendant defendant's duty effect equity error evidence ex rel executed fact favor February February 13 fence fendant firm fraud garnishee Hart held injury interest J. J. Williams judgment jury lake land liability lien lumber matter ment officers oral argument owner paid parties partnership payment person plaint plaintiff plaintiff in error pleadings possession proceedings proof purchase purpose question reason Res judicata respondent rule Spreckelsen Stats statute sufficient testified testimony thereof thereto tion trial court trust verdict warrant Waushara county Wisconsin witness
Popular passages
Page 435 - First — After the payment of my just debts and funeral expenses, I give devise and bequeath to my...
Page 248 - In the construction of a pleading for the purpose of determining its effect, its allegations shall be liberally construed, with a view to substantial justice between the parties.
Page 339 - While that remains concealed within his own bosom, he is safe ; but draw it from thence, and he is exposed to a prosecution. The rule which declares that no man is compellable to accuse himself, would most obviously be infringed, by compelling a witness to disclose a fact of this description.
Page 339 - It is certainly not only a possible but a probable case that a witness, by disclosing a single fact, may complete the testimony against himself, and to every effectual purpose accuse himself as entirely as he would by stating every circumstance which would be required for his conviction.
Page 439 - An express trust may be created for one or more of the following purposes: 1. To sell real property for the benefit of creditors; 2. To sell, mortgage or lease real property for the benefit of annuitants or other legatees, or for the purpose of satisfying any charge thereon; 3.
Page 363 - In the exercise of the police power for the protection of the public the performance of a specific act may constitute the crime regardless of either knowledge or intent, both of which are immaterial on the question of guilt.
Page 523 - Where there is no ambiguity in the words, there is no room for construction. The case must be a strong one, indeed, which would justify a court in departing from the plain meaning of words, especially in a penal act, in search of an intention which the words themselves did not suggest...
Page 523 - The rule that penal laws are to be construed strictly, is perhaps not much less old than construction itself. It is founded on the tenderness of the law for the rights of...
Page 207 - Where a grant for a valuable consideration shall be made' to one person, and the consideration therefor shall be paid by another, no use or trust shall result in favor of the person by whom such payment shall be made; but the title shall vest in the person named as the alienee in such conveyance, subject only to the provisions of the next section.
Page 248 - Contrary to the common law rule, every reasonable intendment and presumption is to be made in favor of the pleading, and it will not be set aside on demurrer unless it be so fatally defective, that, taking all the facts to be admitted, the court can say they furnish no cause of action whatever.