James Ward Rector

The case involved a defendant charged under a Wisconsin statute with resisting a deputy sheriff by throwing a stone while the officer was escorting a car out of the Allis-Chalmers plant during a strike to prevent it from being tipped over by picketers. The trial court convicted the defendant after a jury trial, and the Wisconsin Supreme Court affirmed the judgment. The court held that the evidence established the officer was engaged in a lawful duty, the act of throwing the stone qualified as resistance, and any variance between the complaint's specific allegation and the proof presented was not prejudicial because all elements of the offense were supported regardless of the officer's precise purpose.

criminal law

This case arose from a fatal car accident in which the deceased, a passenger in his own vehicle driven by his son Kenneth, collided with an oncoming car while Kenneth attempted to pass another vehicle on a hill. The plaintiff, suing under a wrongful death statute, sought recovery from the deceased's insurer, and the dispute centered on whether Kenneth's testimony about the deceased's failure to protest the driving was barred by a statute (sec. 325.16) prohibiting certain communications with a deceased person. The trial court granted a new trial after concluding the testimony was incompetent and should have been excluded. The appellate court held that the statute did not apply because the plaintiff did not derive her cause of action from the deceased, making Kenneth's testimony admissible, but affirmed the new trial order in the interests of justice to allow further exploration of facts regarding the deceased's opportunity to protest and assumption of risk as a guest passenger. The court also noted the jury's finding that Kenneth was not acting as the deceased's agent.

torts & liabilityprocedure

This case concerned a breach of promise to marry action brought by the plaintiff against the defendant, who admitted the engagement but defended on grounds including mutual rescission. The trial court dismissed the case at the close of the plaintiff's evidence, concluding that the marriage agreement was void because illicit cohabitation formed part of its consideration. The appellate court reversed the judgment and remanded for a new trial, reasoning that the record contained no evidence linking continuation of the unlawful relationship to the marriage promise itself and that any offer of rescission had not been accepted within a reasonable time based on the evidence presented.

family law

This case concerned claims by employees for unpaid wages allegedly earned while working for an old manufacturing company after its 1932 asset transfer to a newly formed company. The Wisconsin Supreme Court affirmed the trial court's judgment against the employee plaintiffs, holding that they had no valid claims against the old company or its stockholders. The court reasoned that the transfer agreement was fully consummated, the new company operated the business in its own name and employed the workers, and the old company transacted no further business or incurred any wage liability during the relevant period. The court also found the transaction was not designed to defraud creditors.

business & regulatorylabor & employment

In Hansen v. Hansen, a father sought custody of his two young daughters after a 1940 divorce in which all four children had been awarded to the mother by stipulation, though the two sons had since moved to live with him; he also challenged the existing support arrangement. The trial court denied the change in custody but raised support payments from $40 to $100 per month, directing that $60 go directly to the mother and $40 be spent under child-welfare supervision for one year, after which the worker could certify the mother to handle all funds. The appellate court affirmed the order, holding that the children's welfare controls custody decisions, that a fit mother is ordinarily preferred for young daughters, and that the record contained substantial evidence supporting the trial court's finding that the mother was fit and that its resolution was not clearly erroneous.

family law

The case involved a workers' compensation claim by employee Daniels against Globe Steel Tubes Co. following a work-related leg fracture in 1943. Daniels later fell at home while cooking and sought benefits on the theory that weakness from the prior injury caused the fall. The Industrial Commission denied the claim, finding insufficient proof of causation. The court affirmed, holding that the evidence, including medical testimony, did not credibly establish a connection between the two incidents and that any such link remained speculative without supporting expert evidence.

labor & employment

This case involved a dispute between a homeowner and a landscaper over payment for services to plant a lawn, including labor rates, tractor use, hours worked, workmanship quality, and costs for materials such as seeds and fertilizer. The trial court found in favor of the landscaper on the core terms of the agreement and performance, and the appellate court upheld these findings as supported by substantial evidence, including testimony and observations during the project. The judgment was modified to deduct charges for certain extra materials that were not requested or authorized by the homeowner. The court rejected the homeowner's counterclaims for damages related to the lawn quality and transplanted trees, finding no evidence of guarantees or improper work. Evidentiary issues, such as exclusion of certain testimony and admission of a daybook, were addressed but did not affect the outcome.

propertyprocedure

The case concerned the validity of an option agreement for real property executed by the officers of Brown County Motors Co. without a majority stockholder vote under Wis. Stat. sec. 180.11, and whether a court of equity should grant specific performance of the option. The court held that the statute did not invalidate the agreement because it applied only to transfers of an entire corporate property or an essential part, and that execution by the president and secretary created a presumption of authorization by the directors that was not rebutted. It further held that specific performance, though potentially harsh due to a subsequent building improvement, should be granted on condition that the option holder pay the option price plus any appreciation attributable to the improvement (not exceeding its cost), with the company retaining an option to remove the improvement.

business & regulatoryproperty

This case involved a challenge to the exclusion of a physician's testimony in a prosecution under a municipal ordinance for drunk driving. The court first addressed the physician-patient privilege statute, concluding that the doctor's examination was not for purposes of treatment and thus the testimony should have been admitted under the exception recognized in prior precedent. However, the court affirmed the judgment on an alternative ground, holding that the ordinance was invalid because it did not conform strictly to state statutes governing traffic offenses and penalties, as required by recent precedent interpreting municipal authority. The ruling emphasized that municipalities cannot impose criminal punishments like imprisonment except as an alternative for nonpayment of fines, rendering the ordinance unenforceable.

criminal lawprocedure

The case concerned whether employee Staub was entitled to workers' compensation benefits for an injury from an assault by a coworker. Staub was heading to report the coworker's interference with his work when he deviated briefly to ask the coworker's name and was assaulted. The Industrial Commission found both that Staub was performing services growing out of and incidental to his employment and that the injury arose out of the employment. The court affirmed, determining there was credible evidence supporting the Commission's conclusions, as the incident occurred while Staub furthered the employer's interests and such assaults represent common employment hazards.

labor & employment

The case concerns an accident caused by a violation of sec. 85.19(1), Stats., which prohibits unnecessary highway obstructions that create safety hazards. The dissenting opinion contends that the statutory violation directly contributed to the accident by producing the exact danger the law sought to avoid. It reasons that the violation remained a legal cause even if an intervening negligent act also played a role in the events. The dissent, joined by another justice, would therefore affirm the judgment.

torts & liability

The case concerned whether the City of Whitewater could issue a fourteenth retail Class B liquor license under Wis. Stat. sec. 176.05(21), which generally limits such licenses to one per five hundred inhabitants. The Wisconsin Supreme Court reversed the trial court's judgment ordering issuance of the license. The court held that the statute's reference to "inhabitants" means permanent residents of the city, not temporary summer visitors, and that the city's population at the time of the December application supported only thirteen licenses; the thirteenth license was already outstanding under the statute's grandfather clause, so no additional license could be issued. The court further rejected any authority to cancel an existing license or award damages in the mandamus action.

business & regulatory

The case involved a dispute over the proposed transfer of an existing Class B intoxicating liquor license in the City of Whitewater, where the respondent sought to enjoin the transfer based on her ownership of the premises and an alleged agreement with the licensee. The court dismissed the appeal from the May 15, 1947 order as moot, finding that questions of costs and potential damages were either insufficient to preserve the controversy or premature without a final merits determination. It reversed the February 17, 1947 order that had reinstated a temporary injunction, holding that the complaint stated no cause of action because the respondent's agreement could not limit the common council's statutory authority under sec. 176.05(14) to approve transfers, the transfer would not affect any protectible private right of the respondent, and the injunction was improperly issued under sec. 268.02 when no entitlement to judgment appeared from the pleadings.

business & regulatoryprocedure

The case involved a dispute over a chattel mortgage on original machinery and an agreement that might have allowed substitution of replacement machinery as security. After the mortgagees obtained a replevin judgment for return of the original property or its $1,500 value, the mortgagor failed to comply and disposed of the property, becoming liable for that amount under the judgment. The court held that the judgment fixed the parties' rights, so the replacement machinery was not automatically subject to the mortgage lien in the same manner. Execution on the judgment required delivery of specific property or satisfaction of its value through sale of other assets as in ordinary money judgments, without special application of replacements absent party agreement. The court affirmed the denial of a temporary injunction because the complaint failed to state a cause of action.

propertyprocedure

This case involved appeals from probate proceedings concerning the will of Mrs. Callahan, who had executed multiple wills including one in 1940 and one in 1944 that she later destroyed with the stated intent of reinstating the earlier will. The core dispute centered on whether the trial court correctly applied the doctrine of dependent relative revocation to uphold the 1944 will, along with related issues of timely filing of exceptions and reopening prior proceedings on another will. The court affirmed the judgment admitting the 1944 will to probate, holding that the doctrine applied because the revocation was conditional on the efficacy of reinstating the prior will and that evidence did not establish an absolute intent to revoke. It also affirmed orders extending time for filing exceptions due to mail service and denying reopening of earlier proceedings for lack of grounds such as fraud. The reasoning emphasized inferred intent from the circumstances, including the testatrix's health and family situation, and found no procedural errors in the service or admissions.

family lawprocedure

The case concerned Wisconsin Electric Power Co.'s claims for tax deductions following a corporate merger, specifically the unamortized costs of grading and ballast on abandoned interurban rail lines and certain taxes originally owed by the merged predecessor company. The court held that the grading and ballast costs were not deductible as a loss under sec. 71.03(3) because the rights of way continued in use for electric power lines and there had been no total extinguishment of value via an identifiable abandonment event. Regarding the taxes, the court examined sec. 71.03(4) and the merger provisions of sec. 196.80(1)(c), noting that deductions require taxes imposed on the taxpayer itself and analyzing whether the successor corporation could claim the predecessor's tax privileges. The court disallowed the grading deduction and limited the analysis to federal taxes paid post-merger.

taxesbusiness & regulatory

The case concerned a subrogation claim by Lumbermens Mutual Casualty Co., standing in the shoes of a city, against S. Morgan Smith Co. for repair costs after operating mechanisms on gates supplied under a municipal contract failed. The court affirmed judgment for the Smith Company. It held that the city's ten-month delay in providing notice of a warranty breach claim was unreasonable as a matter of law under the relevant statute, barring recovery. Even assuming a performance guaranty existed, the city waived any rights under it by ordering and paying for replacement parts and services from the Smith Company and others without first demanding performance or giving the company an opportunity to replace defective items at its own expense.

business & regulatoryprocedure

The case involved a mandamus petition by the president of a local telephone workers' union chapter who had been expelled from the statewide guild for publicly disclosing internal union business in violation of its constitution. The trial court denied the guild's motion to quash the petition, but the Wisconsin Supreme Court reversed, holding that mandamus proceedings are civil actions governed by the rules of civil procedure, including the statute providing that a pleading is sufficient if it entitles the plaintiff to any form of judicial relief. Applying that standard, the court concluded the petition stated no basis for relief because the guild constitution authorized expulsion by the executive board without a hearing for divulging non-publicized union matters, and the expulsion automatically terminated the plaintiff's officer status. The court directed that the alternative writ be quashed.

procedurelabor & employment

This case concerns a challenge to the validity of a will on grounds of the testator's mental competency and undue influence. The court determined that the will was invalid due to insufficient mental competency at the time of execution. The concurring opinion agrees with the result and further supports sustaining the trial court's finding of undue influence as an additional basis for invalidating the will.

family law

The case concerned the interpretation of a will's direction that executors pay debts, funeral expenses, and inheritance taxes, specifically whether this required payment of Wisconsin inheritance taxes on specific devises and bequests from the residuary estate, and on the testator's interest in an inter vivos trust. The court held that the direction applied to taxes on the specific legacies and devises, which would thus be paid from the residue, but did not extend to taxes on the trust interest, which remained the responsibility of the trustee under the trust agreement. The reasoning focused on the testator's intent as shown by the will's structure—placing the payment instruction before the residue clause—and the existence of separate tax-payment provisions in the trust, which indicated no intent to shift the trust taxes to the estate at the expense of residuary beneficiaries. The court also noted that statutory provisions on powers of appointment did not alter the will's limited scope regarding tax payments.

taxesproperty