44 Wis. 2d 22 - Borde v. Hake’s Empirical Analysis

Citation profile

20 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We conclude that, until such time as Heritage Mutual was joined, the plaintiff’s cause of action brought without the joinder of a necessary party was wholly ineffectual to stop the running of the statute of limitations on that claim. Moreover, the joinder of a necessary party subsequent to the running of the statute of limitations comes too late to cure the omission. Ausen v. Moriarty (1954), 268 Wis. 167, 173 , 67 N. W. 2d 358 . “The plaintiff’s brief argues that if the action has been commenced against one party prior to the running of limitations and the plaintiff inadvertently fails to join a necessary party as plaintiff or defendant, it would be inequitable to throw out the whole cause of action merely because the defect was not cured until it was too late to sue over within the period of limitations. We do not dispute the equities of the plaintiff’s assertion. We point out that in Haase v. Sawicki (1963), 20 Wis. 2d 308 , 121 N. W. 2d 876 , this court concluded that, once a defendant was freed of potential liability by the running of a statute of limitations in a civil suit, the legislature could not retroactively extend that period of limitations, and that to do so would subject a defendant to liability without due process of law in violation of the Constitution of the United States.” 7”

   1 later decision quote this exact passage
   e.g. 61 Wis. 2d 111 - Heifetz v. Johnson

2. ““While it is highly desirable that all related factual circumstances be considered in a single trial, there is no requirement that all proper parties under secs. 260.10 and 260.11, Stats., must be joined. It is only those parties who are denominated as necessary or indispensable parties in secs. 260.12 or 260.13 who must be joined and whose absence will result in a defective lawsuit.””

   1 later decision quote this exact passage
   e.g. 55 Wis. 2d 229 - Campfire Land Co. v. Jolin

3. “. . By operation of law the ownership of a part of this claim has become vested in the insurance company by reason of its payment of the loss. If this presents to the court a single controversy, it must be apparent that a complete determination of it cannot be had without the presence of all of the parties who together own the cause of action.” (Emphasis added.)”

   1 later decision quote this exact passage
   e.g. 61 Wis. 2d 111 - Heifetz v. Johnson