Bartosiewicz v. Cieszynski
This text of 241 N.W. 364 (Bartosiewicz v. Cieszynski) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The sole question upon this appeal is whether the findings are sustained by the evidence, and it is [354]*354the conclusion of the court that the judgment herein should be affirmed without opinion. This memorandum is filed solely for the purpose of calling attention to an impropriety upon the part of the attorney for the respondent. Mr. Adamkiewicz drafted the will in question, was an important witness upon .the issue of undue influence, and must have anticipated in advance of the trial that his presence as a witness would be required. It appears from the record that he nevertheless appeared and conducted the litigation on behalf of the estate. In such a situation a lawyer should withdraw from the conduct of the litigation, or his clients should forego his testimony. The matter has recently been discussed in Interior Woodwork Co. v. Buhler, ante, p. 1, 238 N. W. 822, and needs no further exposition here.
By the Court. — Judgment affirmed.
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Cite This Page — Counsel Stack
241 N.W. 364, 207 Wis. 353, 1932 Wisc. LEXIS 122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bartosiewicz-v-cieszynski-wis-1932.