Behl v. Schuett

Wisconsin Supreme Court

Behl v. Schuett

60 N.W. 701, 88 Wis. 471, 1894 Wisc. LEXIS 64

DecidedOctober 23, 1894

StatusPublished

This text of 60 N.W. 701 (Behl v. Schuett) 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.

Bluebook

Behl v. Schuett, 60 N.W. 701, 88 Wis. 471, 1894 Wisc. LEXIS 64 (Wis. 1894).

Pincite

Opinion

Newman, J.

It is the opinion of this court that the case should not have been taken from the jury. The evidence was certainly conflicting and contradictory. What it proved was fairly a question for the jury, under proper instructions. The testimony which tended to support the defense, if the jury believed it, was sufficient, with the inferences which the jury might legitimately have drawn from it, to establish the defense. It was the office of the jury to determine whether the witnesses were credible and the evidence to be believed, as well as what weight ought to be given to it and to each part of it.

By the Court.— The judgment of the circuit court is reversed, and the cause remanded for a new trial.

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Newman, J.

It is the opinion of this court that the case should not have been taken from the jury. The evidence was certainly conflicting and contradictory. What it proved was fairly a question for the jury, under proper instructions. The testimony which tended to support the defense, if the jury believed it, was sufficient, with the inferences which the jury might legitimately have drawn from it, to establish the defense. It was the office of the jury to determine whether the witnesses were credible and the evidence to be believed, as well as what weight ought to be given to it and to each part of it.

By the Court.— The judgment of the circuit court is reversed, and the cause remanded for a new trial.

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Bluebook (online)

60 N.W. 701, 88 Wis. 471, 1894 Wisc. LEXIS 64, Counsel Stack Legal Research, https://law.counselstack.com/opinion/behl-v-schuett-wis-1894.