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HEYSE v. HEYSE

No. 222.

47 Wis.2d 27 (1970)

176 N.W.2d 316

HEYSE (Marvin), and wife, Respondents, v. HEYSE (Floyd), and wife, Appellants.

Supreme Court of Wisconsin.

Decided April 28, 1970.

Attorney(s) appearing for the Case

For the appellants there was a brief by Johnson & DeBaufer of Whitewater, and oral argument by Robert C. DeBaufer.

For the respondents there was a brief by Soffa & Scholl of Whitewater, and oral argument by J. Dewey Scholl.

HEFFERNAN, J.

The point initially raised in the brief of the defendant-appellant is the claim that the trial judge erred in not ordering a reference to determine whether the partition could be made without great prejudice to the owners. Defendant refers to sec. 276.10, Stats.,1 and urges that such a determination by reference is mandatory upon the court. We do not agree. A reasonable reading of that statute makes it obvious that the legislature...

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