Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin, Volume 75 |
Outras edições - Ver tudo
Palavras e frases frequentes
affidavit agent agreement alleged amount appeal Ashland County assigned attorney brief CASSODAY cause of action certificate charge Chicago Chippewa Chippewa Falls circuit court cited claim complaint contract corporation county court creditors damages debt debtor deceased deed defect defendant defendant's error evidence execution fact favor fendant filed findings fraud fraudulent garnishee grant ground Hekla held highway homestead injury issued judge judgment jury justice land Langlade County learned counsel liable lien Lincoln county logs lumber Lynch ment Milwaukee & St mortgage motion negligence notice Omaha Company oral argument Outagamie County owner paid parties payment person plaint plaintiff proof purchase question R. S. sec railroad real estate reason recover Reigelman rendered respondent Robert Feldman Rock county sold statute sufficient sustain tending to show testimony therein thereof tion town track trial court void wife Wisconsin witnesses
Passagens conhecidas
Página 383 - The rule stated in these cases is that " there must be reasonable evidence of negligence; but where the thing [meaning the thing causing the injury] is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Página 193 - ... the situation of a surety, or is compelled to pay it to protect his own rights, that a court of equity substitutes him in the place of the creditor, as a matter of course, without any agreement to that effect. In other cases the demand of a creditor which is paid with the money of a third person, and without any agreement that the security shall be assigned or kept on foot for the benefit of such third person, is absolutely extinguished.
Página 463 - A husband or wife shall not be compelled, or, without the consent "of the other if living, allowed to disclose a confidential communication made by one to the other during marriage. In an action for criminal conversation, the plaintiff's wife is not a competent witness for the plaintiff, but she is a competent witness for the defendant, as to any matter in controversy; except that she cannot, without the plaintiff's consent, disclose any confidential communication had or made between herself and...
Página 243 - In our jurisprudence a contract may be illegal and void because it is contrary to a constitution or statute, or inconsistent with sound policy and good morals. Lord Mansfield said : "Many contracts which are not against morality, are still void as being against the maxims of sound policy.
Página 51 - ... the father of the minor, if living, and in case of his death, the mother, while she remains unmarried, being themselves respectively competent to transact their own business, shall be entitled to the custody of the person of the minor, and to the care of his education.
Página 248 - All agreements for pecuniary considerations to control the business operations of the government, or the regular administration of justice, or the appointments to public offices, or the ordinary course of legislation, are void as against public policy, without reference to the question whether improper means are contemplated or used in their execution. The law looks to the general tendency of such agreements, and it closes the door to temptation by refusing them recognition in any of the courts of...
Página 577 - ... such a knowledge of facts as to induce a reasonable belief of his debtor's insolvency, in order to invalidate a security taken for his debt. To make mere suspicion a ground of nullity in such a case would render the business transactions of the community altogether too insecure. It was never the intention of the framers of the act to establish any such rule.
Página 577 - It is not enough that a creditor has some cause to suspect the insolvency of his debtor ; but he must have such a knowledge of facts as to induce a reasonable belief of his debtor's insolvency, in order to invalidate a security taken for his debt.
Página 481 - ... has been paid. In that case there is still a debt due to the corporation, which, if it become insolvent, may be sequestered in equity by the creditors, as a trust fund liable to the payment of their debts. But where full paid stock is issued for property received, there must be actual fraud in the transaction to enable creditors of the corporation to call the stockholders to account.
Página 552 - Those provisions of a statute which affect the time and place of the election, and the legal qualifications of the electors are generally of the substance of the election, while those touching the recording and return of the legal votes received, and the mode and manner of conducting the mere details of the election are directory.