Wisconsin Statutes 895.01 – What actions survive; actions not to abate
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Terms Used In Wisconsin Statutes 895.01
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Personal property: All property that is not real property.
- Personal property: includes money, goods, chattels, things in action, evidences of debt and energy. See Wisconsin Statutes 990.01
- Property: includes real and personal property. See Wisconsin Statutes 990.01
(1)
(am) In addition to the causes of action that survive at common law, all of the following also survive:
1. Causes of action to determine paternity.
2. Causes of action for the recovery of personal property or the unlawful withholding or conversion of personal property.
3. Causes of action for the recovery of the possession of real estate and for the unlawful withholding of the possession of real estate.
4. Causes of action for assault and battery.
5. Causes of action for false imprisonment.
6. Causes of action for invasion of privacy.
7. Causes of action for a violation of s. 968.31 (2m) or other damage to the person.
8. Causes of action for all damage done to the property rights or interests of another.
9. Causes of action for goods taken and carried away.
10. Causes of action for damages done to real or personal estate.
11. Equitable actions to set aside conveyances of real estate.
12. Equitable actions to compel a reconveyance of real estate.
13. Equitable actions to quiet the title to real estate.
14. Equitable actions for specific performance of contracts relating to real estate.
(bm) Causes of action for wrongful death shall survive the death of the wrongdoer whether or not the death of the wrongdoer occurred before or after the death of the injured person.
(2) An action does not abate by the occurrence of any event if the cause of action survives or continues.