Legal Opinion

First Credit Corp. v. Behrend

Wisconsin Supreme Court

Decided December 19, 1969No. 17PublishedCited by 9 opinions

1Opinion of the CourtHeffernan, J.

The test applicable in reviewing the determination of facts made by a trial judge is whether the found facts rest upon evidence that is contrary to the great weight and clear preponderance of the evidence. Kuehn v. Kuehn (1960), 11 Wis. 2d 15, 20, 104 N. W. 2d 138.

If the issue is a factual one, and the finding is not contrary to the great weight and clear preponderance of the evidence, it must be sustained even though a reviewer of the record might find credible evidence pointing to a different finding.

If only a factual issue were here involved, the trial judge correctly found that the…

2Cases cited7 opinions

  1. Kuehn v. KuehnWisconsin Supreme Court · 1960
  2. Jacobsen v. WhitelyWisconsin Supreme Court · 1909
  3. Kaiser v. NummerdorWisconsin Supreme Court · 1904
  4. Williams v. Rank & Son Buick, Inc.Wisconsin Supreme Court · 1969
  5. Household Finance Corp. v. ChristianWisconsin Supreme Court · 1959

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. All-Tech Telecom, Inc. v. Amway CorporationCourt of Appeals for the Seventh Circuit · 1999
  2. Derusha v. Iowa National Mutual InsuranceWisconsin Supreme Court · 1970
  3. Foss v. Madison Twentieth Century Theaters, Inc.Court of Appeals of Wisconsin · 1996
  4. Superior Loan Corporation of Buffalo v. RobieMissouri Court of Appeals · 1972
  5. Heyse v. HeyseWisconsin Supreme Court · 1970

4 more not listed; retrieve them via the Exa API.

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