Stenicka v. Thomas

Upon this appeal the members of the court are equally divided. Mr. Chief Justice Rosenberry, Mr. Justice Fritz, and Mr. Justice Fairchild are of the view that the trial court’s findings of fact are not against the great weight'and clear preponderance of the evidence and that therefore the judgment should be affirmed. Mr. Justice Wick-hem, Mr. Justice Barlow, and Mr. Justice Hughes are of the contrary view and are in favor of reversal of the judgment. This situation necessarily results in the affirmance of the Judgment. Zohrlaut v. Mengelberg, 148 Wis. 592, 134 N. W. 1135; Carpenter Baking Co.…