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KUEHN v. KUEHN

11 Wis.2d 15 (1960)

KUEHN, by Conservator, Respondent, v. KUEHN, Appellant.

Supreme Court of Wisconsin.

June 7, 1960.

Attorney(s) appearing for the Case

For the appellant there was a brief by Wheeler, Van Sickle, Day & Goodman of Madison, and C. L. Gaylord of River Falls, and oral argument by Floyd E. Wheeler and Joseph Goodman.

For the respondent there was a brief by Doar & Knowles of New Richmond, and oral argument by John Doar.

HALLOWS, J.

Three issues are presented: 1. Were the findings of the trial court of undue influence contrary to the great weight and clear preponderance of the evidence? 2. Were the findings based upon a misconception of the law relating to the burden and degree of proof? 3. Should a new trial be granted in the interest of justice because of certain incidents occurring during the trial involving the jury, even though the verdict was only advisory?

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