Wisconsin Supreme Court, 1932

Bartosiewicz v. Cieszynski

Wisconsin Supreme Court · Decided March 8, 1932 · Wickhem

207 Wis. 353; 241 N.W. 364; 1932 Wisc. LEXIS 122

Cases that cite this one

8 later published cases cite this decision.

Weinert v. First State Bank of West Bend (Wis. 1962)
Lorenz v. Wolff (Wis. 1970)
Battle v. Mason (Okla. 1955)
Bermke v. Security First National Bank of Sheboygan (Wis. 1970)
Estate of Stronks v. Gates (Wis. 1961)
Boyle v. Kempkin (Wis. 1943)
In re Torstensen's Estate (Wash. 1947)
Knutsen v. Miller (Wash. 1947)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Wickhem, J.

The sole question upon this appeal is whether the findings are sustained by the evidence, and it is *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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.