Haseltine v. Metcalf
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marathon County. The following statement of the case was prepared by Mr. Justice Taylor as a part of the opinion: This is an action of ejectment. The case was tried in the circuit court, and a verdict was found for the defendants and respondents.
Read the full summary
APPEAL from the Circuit Court for Marathon County. The following statement of the case was prepared by Mr. Justice Taylor as a part of the opinion: This is an action of ejectment. The case was tried in the circuit court, and a verdict was found for the defendants and respondents. Judgment was entered upon the verdict, January 6, 1883. On the 4th of December, 1883, at a general term of the circuit court, held in Wood county, the following order was entered in the action: “iN CIRCÜIT OOUBT, MARATHON COUNTY. “ Oharles P. Haseltine and B. W. Jam.es, Plaintiffs, m. M W. Metcalf et al., Defendants.…
1Opinion of the CourtTaylor, J.
The only question in the case is, Was the order granting the new trial a valid order, and regularly made? If it was, then the order vacating the same should not have been made. It is not contended by the learned counsel for the appellants that the order granting the new trial can be sustained, except as an order made under the provisions of sec. 3092, R. S. The term having expired at which the judgment was rendered, the court had no power to open or set it aside, except the power given by the statute. Gray v. Gates, 37 Wis. 614; Spafford v. Janesville, 15 Wis. 474; Breed v. Ketchum, 51 Wis.…
2Cases cited16 opinions
- Ætna Life Insurance v. McCormickWisconsin Supreme Court · 1866
- Whitney v. KarnerWisconsin Supreme Court · 1878
- Breed v. KetchumWisconsin Supreme Court · 1881
- Spafford v. City of JanesvilleWisconsin Supreme Court · 1862
- Prentiss v. DanaherWisconsin Supreme Court · 1866
11 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Rupiper v. CallowayWisconsin Supreme Court · 1899
- Grady v. Northwestern Loan & Investment Co.Wisconsin Supreme Court · 1896