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HOME SAVINGS BANK v. GERTENBACH

270 Wis. 386 (1955)

HOME SAVINGS BANK, Respondent, vs. GERTENBACH, Appellant.

Supreme Court of Wisconsin.

June 28, 1955.

October 12, 1955.

November 8, 1955.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by Ray T. McCann of Milwaukee.

For the respondent there was a brief by Stern & Stern of Milwaukee, and oral argument by Morris Stern and James F. Stern.

CURRIE, J.

Counsel for the defendant Gertenbach correctly urges that the learned trial court applied the wrong test, as to the sufficiency of evidence necessary to sustain the jury's answer to the first question of the special verdict, in setting the same aside on the ground that such answer was "against the great weight and preponderance of the credible evidence in the case." The proper test to have been applied was whether...

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