Legal Opinion

Pelikan v. Russell

Wisconsin Supreme Court

Decided January 4, 1966PublishedCited by 1 opinion

1Opinion of the CourtHeffernan, J.

In the event the judgment for treble damages obtained in 1952 was for a willful and malicious injury, the debt is not dischargeable and the judgment will not be satisfied. The record of that treble-damages suit has been incorporated into the record before us and, in accordance with principles heretofore recognized by this court, we may look behind that judgment and consider the entire record on which the judgment is based. Bastian v. LeRoy (1963), 20 Wis. (2d) 470, 478, 122 N. W. (2d) 386. However, neither party may present evidence dehors that record. Bastian, supra, page 484; Tudryck v.…

2Cases cited9 opinions

  1. Tinker v. ColwellSupreme Court of the United States · 1904
  2. State v. RoweNebraska Supreme Court · 1982
  3. In re CoteSupreme Court of Vermont · 1918
  4. Tudryck v. MutchMichigan Supreme Court · 1948
  5. Bastian v. LeRoyWisconsin Supreme Court · 1963

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3Cited by1 opinion

  1. State Central Credit Union v. BayleyWisconsin Supreme Court · 1967

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