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148 Wis. 441

Harris v. Welch

Wisconsin Supreme Court

Decided February 20, 1912

Wisconsin Supreme Court · decided 1912-02-20

Lueck, Circuit Judge. Iu 1906, an action was brought by plaintiffs and John H. Harris against Charles A. Welch and the White Rock Mineral Spring Company for damages claimed to have been caused by Welch having made, in his own behalf and in behalf of the Spring Company and its stockholders, false and fraudulent representations.

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1912-02-20

How this case has been cited

Cited by 8 later decisions — most recently June 1933

8 state decisions

40191219201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Barnes, J.

¶1(dissenting). The circuit court never exercised its discretion as to whether it would permit the action to be revived. It erroneously placed its decision on the ground .that the action did not survive. The law vests in the trial court a broad discretion as to when it will revive and when it will refuse to revive actions. The law vests in this-court the power to say whether or not the trial court has abused that discretion. The law does not vest in this court the right to exercise the discretionary power conferred on the trial court. If this court could say that it would have been an abuse of discretion for the trial court to have ordered a re-vivor of the action, then it would be proper for this court to affirm the order appealed from. But it has not said so and in fact has said the contrary.

¶2I am authorized to say that Mr. Justice SibbeckeR concurs in the foregoing.

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