Bender v. Bain

Decision Date12 April 1938
Citation278 N.W. 864,227 Wis. 454
PartiesBENDER v. BAIN.
CourtWisconsin Supreme Court

OPINION TEXT STARTS HERE

Appeal from a judgment of the Circuit Court for Brown County; Henry Graass, Judge.

Action by Charles Bender against Edward Bain. From an adverse judgment, plaintiff appeals.-[By Editorial Staff.]

Affirmed by divided court.

Strehlow & Cranston, of Green Bay, for appellant.

Martin, Clifford, Dilweg & Delaney, of Green Bay, for respondent.

PER CURIAM.

Mr. Justice MARTIN deeming himself disqualified to participate in a decision upon this appeal and the other members of the court being equally divided on the question whether the judgment should be affirmed or reversed, Mr. Chief Justice ROSENBERRY, Mr. Justice FAIRCHILD, and Mr. JusticeWICKHEM being of the opinion that the judgment should be affirmed, and Mr. Justice FOWLER, Mr. Justice FRITZ, and Mr. Justice NELSON, being of the opinion that the judgment should be reversed, the judgment appealed from is affirmed under the rule.

Judgment affirmed.

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2 cases
  • Smith v. Kleynerman
    • United States
    • Wisconsin Supreme Court
    • March 21, 2017
    ...895 (1930) (on appeal).30. Spring Creek Threshing Co. v. Amundson , 202 Wis. 150, 231 N.W. 628 (1930) (on appeal).31. Bender v. Bain , 227 Wis. 454, 278 N.W. 864 (1938) (on appeal).32. Carpenter Baking Co. v. Bakery Sales Drivers Local Union , 238 Wis. 367, 299 N.W. 30 (1941) (on appeal).33......
  • Marinette Cnty. Highway Comm. v. Indus. Comm'n
    • United States
    • Wisconsin Supreme Court
    • April 12, 1938

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