Rosenthal v. Kurtz, 232
| Decision Date | 02 April 1974 |
| Docket Number | No. 232,232 |
| Citation | 62 Wis.2d 1,216 N.W.2d 252 |
| Parties | Imre J. ROSENTHAL et al., d/b/a Lewis Center-Joint Venture, Appellants, v. Kenneth C. KURTZ et al., Respondents, Insulation Service, Inc., et al., Defendants. |
| Court | Wisconsin Supreme Court |
The defendants have based a motion for rehearing, in part, on their assertion that sec. 893.155, Stats., is constitutional. Contrary to the defendants' apprehensions, however, the court did not find the statute unconstitutional. The court noted that neither party had standing to raise the constitutional issue, and the court expressly avoided an interpretation of sec. 893.155 that could raise the constitutional issue.
The motion for rehearing is denied without costs.
To continue reading
Request your trial
12 cases
-
Estate of Makos by Makos v. Wisconsin Masons Health Care Fund
...grounds, Hansen v. A.H. Robins, Inc., 113 Wis.2d 550, 335 N.W.2d 578 (1983); Rosenthal v. Kurtz, 62 Wis.2d 1, 8, 213 N.W.2d 741, 216 N.W.2d 252 (1974) (discussing possible application of art. I, § 9). In addition, this conclusion is supported by decisions from other jurisdictions, in which ......
-
Regents of University of California v. Hartford Acc. & Indem. Co.
...Millwork Corp. v. Square D Co. (1975) 66 Wis.2d 382, 225 N.W.2d 454; and note Rosenthal v. Kurtz (1974) 62 Wis.2d 1, 213 N.W.2d 741 and 216 N.W.2d 252.17 Carter v. Hartenstein (1970) 248 Ark. 1172, 455 S.W.2d 918 [appeal dismissed for want of a substantial federal question (1971) 401 U.S. 9......
-
Yotvat v. Roth
...of action is a right which is protected by both constitutional provisions. Rosenthal v. Kurtz, 62 Wis.2d 1, 8, 12, 213 N.W.2d 741, 216 N.W.2d 252 (1974). Ocampo v. Racine, 28 Wis.2d 506, 513, 137 N.W.2d 477, 481, held that compliance with a statute requiring a notice of injury to a municipa......
-
Plant v. R. L. Reid, Inc.
...588, 591 (1967); Saylor v. Hall, 497 S.W.2d 218 (Ky.1973); Rosenthal v. Kurtz, 62 Wis.2d 1, 213 N.W.2d 741 (1974), rehearing denied 216 N.W.2d 252 (1974); Carr v. Miss. Valley Electric Co., 285 So.2d 301 (La.App.1973); Nevada Lakeshore Co. v. Diamond Electric Co., Inc., 89 Nev. 293, 511 P.2......
Request a trial to view additional results