69 Wis. 2d 373 - Dupler v. Seubert’s Empirical Analysis

Citation profile

2 federal appellate · 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Character of Defendant’s Act “The restraint may be by means of physical barriers, or by threats of force which intimate the plaintiff into compliance with orders. It is sufficient that he submits to an apprehension of force reasonably to be understood from the conduct of the defendant, although no force is used or even expressly threatened. The plaintiff is not required to incur the risk of personal violence by resisting until it actually is used. It is essential, however, that the restraint be against the plaintiff’s will; and if he agrees of his own free choice to surrender his freedom of motion, as by remaining in a room or accompanying the defendant voluntarily, to clear himself of suspicion or to accommodate the desires of another, rather than yielding to the constraint of a threat, then there is no imprisonment. This gives rise, in borderline cases, to questions of fact, turning upon the details of the testimony, as to what was reasonably to be understood and implied from the defendant’s conduct, tone of voice and the like, which seldom can be reflected accurately in an appellate record, and normally are for the jury.” 4”

   1 later decision quote this exact passage
   e.g. 83 Wis. 2d 768 - Herbst v. Wuennenberg

2. ““[Plaintiff] testified that defendant Peterson ordered her in a loud voice to remain seated several times, after she expressed the desire to leave. She reported being ‘berated, screamed and hollered at,’ and said the reason she did not just walk out of the room was that ‘Mrs. Seubert had blocked the door, and tempers had been raised with all the shouting and screaming, I was just plain scared to make an effort. There were two against one.’ ” 60 Wis.2d at 383.”

   1 later decision quote this exact passage
   e.g. 83 Wis. 2d 768 - Herbst v. Wuennenberg

3. ““. . . waiver of rights under the statute could occur where a party expressly requested a judge to delay the time for decision and the judge complied. However, in the absence of an express request to delay the decision, granted by the trial court, there can be no implied waiver based on the parties’ conduct.” Dupler v. Seubert, 69 Wis.2d 373, 381 , 230 N.W.2d 626 (1975). 2”

   1 later decision quote this exact passage
   e.g. State ex rel. M. v. Catalano