39 Wis. 2d 741 - Kaminsky v. Milwaukee Acceptance Corp.’s Empirical Analysis

Citation profile

38 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The burden was not upon the respondents to prove the appellant could comply with the order of the court. It was, at this point in the proceeding, incumbent upon the appellant to offer some satisfactory explanation of his failure to comply with the court’s specific and direct order. Appellant offered nothing other than his own denial to show he did not have possession of the records and a statement that others had used the records at various times.””

   2 later decisions quote this exact passage
   e.g. 121 Wis. 2d 632 - Midwest Developers v. Goma Corp. · 55 Wis. 2d 513 - State v. Balistrieri

2. ““295.01 Contempt power of courts. Every court of record may find in contempt any person who disobeys any process or lawful order of the court, violates or neglects an official duty, or is otherwise guilty of misconduct, by which act the rights or remedies of a party in an action or proceeding pending or triable in such court or before a court commissioner for the same county may be impaired, impeded, defeated or prejudiced. “295.02 Sanctions. Every court of record may, in the exercise of its equitable powers, enforce the rights or remedies of a party to an action or proceeding by imposing on any person found in contempt under s. 295.01 the following sanctions: “(l)(a) If an actual loss or injury has been produced to any party by the misconduct of the contemnor, which it is not efficacious to remedy by execution or garnishment, the court may order the defendant to pay such party a sum sufficient to compensate the party for losses, costs and expenses, and in such case the payment and acceptance of such a sum shall be an absolute bar to any action by the aggrieved party to recover damages in another action for such injury or loss. “(b) This subsection does not apply to an actual loss or injury arising out of a debt founded in contract or for a tort that is dis-chargeable in bankruptcy. “(2) (a) If the misconduct proved consists of an omission to perform some act or duty which it is yet in the power of a party to perform in part or in full, including a failure to indemnify anothe”

   1 later decision quote this exact passage
   e.g. 100 Wis. 2d 625 - Schroeder v. Schroeder

3. ““The standard of review of a trial court’s findings in the ordinary case where trial is not before a jury is as follows: “ ‘Since the trial court tried the case without a jury, its findings will not be upset on appeal unless they are contrary to the great weight and clear preponderance of the evidence and it is not necessary the evidence in support of the findings constitutes the great weight or clear preponderance of the evidence. Nor is it sufficient that there is evidence to support a contrary finding. To command a reversal, such evidence although sufficient to support a verdict must constitute the great weight and the clear preponderance of the evidence. [Cases cited.]’ Mitchell v. Western Casualty & Surety Co. (1966), 30 Wis. 2d 419, 421 , 141 N. W. 2d 212 .” In re Adam’s Rib, Inc. (Kaminsky) (1968), 39 Wis. 2d 741, 746, 747 , 159 N. W. 2d 643 .”

   1 later decision quote this exact passage
   e.g. 48 Wis. 2d 439 - Ihlenfeldt v. Svoboda Church Furniture Co.