State ex rel. Smith v. Chicks, 510
| Decision Date | 02 March 1976 |
| Docket Number | No. 510,510 |
| Citation | 70 Wis.2d 833,239 N.W.2d 9 |
| Parties | STATE ex rel. Sandra SMITH, Respondent, v. Calvin O. CHICKS, Appellant, (1974). |
| Court | Wisconsin Supreme Court |
(on rehearing).
The motion for rehearing is denied for two basic reasons. The constitutional issue was not raised in the court below and the record before us does not indicate the district attorney refused to commence the action. While constitutional issues not raised at the trial level can, in the court's discretion, be considered, we decline to do so upon the facts of this case.
The motion for rehearing is denied.
I respectfully dissent from the denial of the motion for rehearing. The constitutional issues were raised in the brief upon appeal and deal with important equal protection and due process concepts that should be decided.
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5 cases
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Estate of Blumreich, In re, s. 75-728
... ... in the manner prescribed by the legislature, State ex rel. Lyons v. De Valk, 47 Wis.2d 200, 177 N.W.2d 106 ... State ex rel. Smith v. Chicks, 70 Wis.2d 833, 235 N.W.2d ... Page 874 ... Lucas, 427 U.S. 495, 510", 96 S.Ct. 2755, 2764, 49 L.Ed.2d 651 (1976) ... \xC2" ... ...
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J. M. S. v. Benson
... ... 801.02(1), Stats., that the complaint fails to state a claim upon which relief can be granted and that the ... A summons is not a process in this state, State ex rel. Walling v. Sullivan, 245 Wis. 180, 189, 13 N.W.2d 550 ... State ex rel. Smith v. Chicks, 70 Wis.2d 833, 835a, 235 N.W.2d 694, Reh. 239 ... ...
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J. M. S. v. Benson
... ... to dismiss this claim on the grounds that it fails to state a claim upon which relief [98 Wis.2d 408] may be granted ... State ex rel. Smith v. Chicks, 70 Wis.2d 833, 235 N.W.2d 694, 239 N.W.2d ... ...
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Dalton v. Meister, 593
... ... [71 Wis.2d 510] Edith Meister was president of BILTMORE BUILDING, INC ... 5. Does the complaint state facts sufficient to constitute a cause of action for ... 226, 230-232, 7 N.W.2d 837 ... 9 State ex rel. Walling v. Sullivan (1944), 245 Wis. 180, 185, 13 N.W.2d ... ...
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