Reports of Cases Argued and Determined in the Supreme Court of the State of Wisconsin, Svazek 66 |
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action affidavit alleged amount answer appeal Ashland county attorney authority Bank bequest bonds brief CASSODAY cause charge chattel mortgage circuit court cited claim complaint contract conveyance counterclaim creditors damages debt debtor defendant defendant's demurrer effect evidence Ex'rs execution executors fact favor fendant fraud fraudulent garnishee granted heirs held Henry Ketchum Hoyt injury issue Jones judgment jury justice land learned counsel liable Little Wolf River lumber Marathon county ment Milwaukee Milwaukee & St Morris motion N. W. Rep negligence Omro opinion oral argument Outagamie County owner paid parties payment person pit boss plaintiff plaintiff in error Platteville possession premises purpose question reason respondent rule secure sheriff Smith Sparrowk statute Stevens Point sufficient supra testator testimony therein thereof tion town trial trust valid verdict vested void Webster William Pitt Lynde Winnebago county witnesses writ
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Strana 188 - States, which declares that no State shall deprive any person of property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.
Strana xxxii - So live, that, when thy summons comes to join The innumerable caravan, which moves To that mysterious realm, where each shall take His chamber in the silent halls of death, Thou go not, like the quarry-slave at night, Scourged to his dungeon, but sustained and soothed By an unfaltering trust, approach thy grave, Like one who wraps the drapery of his couch About him, and lies down to pleasant dreams.
Strana 189 - ... Undoubtedly where life and liberty are involved, due process requires that there be a regular course of judicial proceedings, which imply that the party to be affected shall have notice and an opportunity to be heard ; so, also, where title or possession of property is involved. But where the taking of property is in the enforcement of a tax, the proceeding is necessarily less formal, and whether notice to him is at all necessary may depend upon the character of the tax, and the manner in which...
Strana 382 - The absolute power of alienation shall not be suspended by any limitation or condition whatever, for a longer period than during the continuance of two lives in being at the creation of the estate, except in the single case mentioned in.
Strana 189 - ... or persons, or occupations. In such cases the legislature, in authorizing the tax, fixes its amount, and that is the end of the matter. " If the tax be not paid, the property of the delinquent may be sold, and he be thus deprived of his property. Yet there can be no question, that the proceeding is due process of law, as there is no inquiry into the weight of evidence, or other element of a judicial nature, and nothing could be changed by hearing the taxpayer. No right of his is, therefore, invaded.
Strana 97 - ... in time after the decree, and not any new proof which might have been used when the decree was made: nevertheless, upon new proof, that is come to light after the decree made, and could not possibly have been used at the time when the decree passed, a bill of review may be grounded by the special license of the court, and not otherwise.
Strana 136 - ... must be an animus dedicandi, of which the user by the public is evidence, and no more; and a single act of interruption by the owner is of much more weight, upon a question of intention, than many acts of enjoyment.
Strana 315 - The first and great rule in the exposition of wills, to which all other rules must bend, is that the intention of the testator expressed in his will shall prevail, provided it be consistent with the rules of law.
Strana 189 - ... due process of law," provided by the State law when a citizen is deprived of his property ; and that, in judging what is "due process of law," respect must be had to the cause and object of the taking, whether under the taxing power, the power of eminent domain, or the power of assessment for local improvements, or none of these : and if found to be suitable or admissible in the special case, it will be adjudged to be
Strana 177 - But a mere intruder cannot enter on a person actually seized and eject him, and then question his title or set up an outstanding title in another. The maxim that the plaintiff must recover on the strength of his own title, and not on the weakness of the defendant's, is applicable to all actions for the recovery of property. But if the plaintiff had actual prior possession of the land, this is strong enough to enable him to recover it from a mere trespasser who entered without any title.