Heyse v. Heyse

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 vested in the judge the discretion to make such a reference. The position of the defendant in this regard is wholly erroneous, and it is not mandatory that the…