BERNING v. GIESE


274 Wis. 401 (1956)

BERNING, Respondent, vs. GIESE and wife, Appellants.

Supreme Court of Wisconsin.

January 7, 1957.


Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by H. Maxwell Manzer of Madison.

For the respondent there was a brief by Aberg, Bell, Blake & Conrad and George G. Blake, all of Madison, and oral argument by George G. Blake.


MARTIN, J.

Defendants contend that the referee's findings are against the clear preponderance of the evidence, but a reading of the record satisfies us that there is ample credible evidence to support them.

The judgment must be affirmed, however, on the ground that defendants failed to present the alleged errors of the referee to the trial court.

The referee's report was filed on October 20, 1955. Notice of motion for confirmation of the report, setting...

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