Cook v. Helms
Wisconsin Supreme Court
This was an action of assumpsit, commenced by filing a declaration, entering a rule to plead, &e. The declaration was upon a promissory note, and was duly served with the usual rule to plead. Plea, general issue.
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This was an action of assumpsit, commenced by filing a declaration, entering a rule to plead, &e. The declaration was upon a promissory note, and was duly served with the usual rule to plead. Plea, general issue. As the only error relied upon is based upon the alleged error of the court below in refusing a new trial, made on the ground, 1. “that the verdict was against the evidence given on the trial;” and 2. “that it was against law;” it is unnecessary to give the evidence here in detail, as the opinion sets forth sufficient to illustrate the point in judgment. The cause of action was, a…
1Opinion of the Court
By the Court,
Cole, J.
The only error alleged to have been committed by the Circuit Court upon the trial of this cause was, its refusal to grant the motion for a new trial. The principal ground relied on to sustain the motion was, that the finding of the jury was unsupported by the evidence given in the cause.
Motions for a new trial are mainly addressed to the sound discretion of the court in which they are made; and this court has decided, that it will not interfere and reverse a judgment, on account of an alleged error in denying such a motion ; unless it appears, that there has been a gross…
2Cases cited2 opinions
- Wardell v. HowellNew York Supreme Court · 1832
- Hooe v. LockwoodWisconsin Supreme Court · 1850
3Cited by10 opinions
- Bowman v. Van KurenWisconsin Supreme Court · 1871
- Williams v. StateWisconsin Supreme Court · 1884
- State v. Yellow Jacket Silver Mining Co.Nevada Supreme Court · 1868
- Manning v. McClureIllinois Supreme Court · 1865
- Knox v. CliffordWisconsin Supreme Court · 1875
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