Legal Opinion · Dissent

Zohrlaut v. Mengelberg

Wisconsin Supreme Court

Decided January 31, 1911Published

Appeal from a judgment of the circuit court for Milwaukee county: J. 0. Ludwig, Circuit Judge. The Herman Zohrlaut Leather Company was incorporated in 1891 under the laws of Wisconsin and with an authorized capital stock of $500,000. Prior to the incorporation of the company Herman Zohrlaut had been engaged for many years in the tannery business, which the corporation was organized to carry on, and had been the principal if not the sole owner 'of such business.

Read the full summary

Appeal from a judgment of the circuit court for Milwaukee county: J. 0. Ludwig, Circuit Judge. The Herman Zohrlaut Leather Company was incorporated in 1891 under the laws of Wisconsin and with an authorized capital stock of $500,000. Prior to the incorporation of the company Herman Zohrlaut had been engaged for many years in the tannery business, which the corporation was organized to carry on, and had been the principal if not the sole owner 'of such business. The corporation was practically a family affair. Prior to June 19, 1899, Herman Zohrlaut had never transferred to the corporation the…

1DissentMaeshall, J.

Three of the six justices, Justice Siebeckee, Justice KerwiN, and the writer, who participated in this case believe the judgment to be unjust and that it should be reversed. It is regrettable that appellant cannot have a decision, the whole bench participating. The situation is out of the ordinary class of cases disposed of by a divided court. Generally no opinion is filed. Here the equal division developed after an opinion had been filed which now stands as showing the reasons for the affirmance. So the case particularly calls for an opinion, stating the reason why one division of the court,…

2Cases cited21 opinions

  1. Ludington v. PattonWisconsin Supreme Court · 1901
  2. State ex rel. McGrael v. PhelpsWisconsin Supreme Court · 1910
  3. Zinc Carbonate Co. v. First National Bank of ShullsburgWisconsin Supreme Court · 1899
  4. Wisconsin Marine & Fire Insurance Co. Bank v. WilkinWisconsin Supreme Court · 1897
  5. Klueter v. Joseph Schlitz Brewing Co.Wisconsin Supreme Court · 1910

16 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API