Wisconsin Supreme Court January 15, 1876 (Ely v. Daily)

Ryan, C. J.

The only defense in this cause is payment. And upon that issue there is conflicting evidence, so nearly balanced that we are unable to hold that there is a preponderance one way or the other. Had the question been submitted to a jury, no court, for aught that appears in this record, would think of disturbing a verdict for either party.

This case is a witness to the wisdom of C. J.