Reports of Cases Argued and Determined in the Supreme Court of the State of Wisconsin, 138. sējums |
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affirmed alleged amount appellant assignment attorney bank cause of action charge Chicago circuit court Circuit Judge claim complaint conclusion constitution construction contract contributory negligence corporation Cotzhausen counsel court of equity damages death deceased deed defect defendant defendant's demurrer duty easement elected employees equity error evidence ex rel fact favor fendant fraud Goetzinger ground guardian ad litem held highway injury instruction insured interest issue judgment judicial jury Justice Justice PAINE Kiley land legislative legislature liability matter ment Milwaukee county Milwaukee E. R. mortgage mutual mistake negligence opinion oral argument P. R. Co paid party payment perjury person plaintiff plaintiff in error pleaded purpose question railroad railway reason reference respondent rule Stats statute submitted sufficient supra term of office testified testimony thereof thereto tion town trial court witness Zieger
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233. lappuse - That no free government, or the blessings of liberty, can be preserved to any people but by a firm adherence to justice, moderation, temperance, frugality, and virtue, and by frequent recurrence to fundamental principles.
234. lappuse - It would be giving to the Legislature a practical and real omnipotence with the same breath which professes to restrict their powers within narrow limits. It is prescribing limits and declaring that those limits may be passed at pleasure. That it thus reduces to nothing what we have deemed the greatest improvement on political institutions, a written Constitution, would of itself be sufficient in America, where written Constitutions have been viewed with so much reverence, for rejecting the construction.
89. lappuse - Constitutes a Holder in Due Course. A holder in due course is a holder who has taken the instrument under the following conditions: 1. That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person...
268. lappuse - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a court of law or Of which he might have availed himself at law but was prevented by fraud or accident, unmixed with any fault or See 17 OTTO. i negligence in himself or his agents, will justify ; an application to a court of chancery.
558. lappuse - No Senator or Member of Assembly, shall, during the term for which he shall have been elected, be appointed to any civil office of profit under this State, which shall have been created, or the emoluments of which shall have been increased during such term, except such offices as may be filled by elections by the people.
89. lappuse - Holder" means the payee or indorsee of a bill or note, who is in possession of it, or the bearer thereof. "Indorsement" means an indorsement completed by delivery.
234. lappuse - Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be, that an act of the legislature repugnant to the Constitution is void.
268. lappuse - ... of the plaintiff, or where an attorney fraudulently or without authority assumes to represent a party and connives at his defeat, or where the attorney regularly employed corruptly sells out his client's interest to the other side — these, and similar cases which show that there has never been a real contest in the trial or hearing of the case, are reasons for which a new suit may be sustained to set aside and annul the former judgment or decree, and open the case for a new and fair hearing.
649. lappuse - It is agreed between the sender of the following message and this company, that said company shall not be liable for mistakes or delays in the transmission or delivery, or for non-delivery of any unrepeated message, whether happening by negligence of its servants or otherwise, beyond the amount received for sending the same...
267. lappuse - But there is an admitted exception to this general rule in cases where, by reason of something done by the successful party to a suit, there was in fact no adversary trial or decision of the issue in the case. Where the unsuccessful party has been prevented from exhibiting fully his case, by fraud or deception practised on him by his opponent...