TILSEN v. RUBIN


268 Wis. 131 (1954)

TILSEN, Appellant, vs. RUBIN, Respondent.

Supreme Court of Wisconsin.

November 9, 1954.


Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Norman N. Rosen of Madison.

For the respondent there was a brief by Maurice B. Pasch of Madison.


BROWN, J.

The language of the statute identifies the order which plaintiff seeks to obtain as one discretionary with the trial court. Accordingly, we should not reverse unless convinced that the court's action constituted a clear abuse of discretion. The statute is a remedial one and must be construed liberally. Worthington P. & M. Corp. v. Northwestern Iron Co. (1922), 176 Wis. 35, 186 N. W. 156. The burden of establishing such abuse of discretion is on...

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