Abdella v. Smith

The verdict of the jury in an equity action is advisory only, and it is within the discretion of the judge to follow the verdict or to ignore it. Schneider v. Fromm Laboratories, Inc. (1952), 262 Wis. 21, 24, 53 N. W. (2d) 737. The ultimate responsibility for decision is therefore upon the judge, and the standard to be used on appeal is the usual one employed when the appeal is from a finding of fact determined by a trial judge, i.e., is the finding contrary to the great weight and clear preponderance of the evidence. Kirchen v. Gottschalk (1965), 26 Wis. (2d) 123, 126, 131 N. W. (2d) 885.…