Mahoney v. Rich

The only issue presented on appeal is whether the trial court’s findings are against the great weight and clear preponderance of the evidence; if they are not, the judgment must be affirmed. Estate of Starer (1963), 20 Wis. (2d) 268, 121 N. W. (2d) 872. This case rests ultimately upon the credibility of the witnesses, and since it was tried to the court it is the province of the trial judge to determine the credibility and weight of the evidence. Estate of Brandenburg (1961), 13 Wis. (2d) 217, 225, 108 N. W. (2d) 374; Guardianship of Coolidge (1960), 12 Wis. (2d) 58, 64, 106 N. W. (2d) 282.

In…