State ex rel. Voight v. Hœflinger
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marathon County. This action was originally brought by the relator as town treasurer of the town of Berlin, in Marathon county, against the respondent as county treasurer of said county, (to compel him.by mandamus to pay over certain money in his hands.
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APPEAL from the Circuit Court for Marathon County. This action was originally brought by the relator as town treasurer of the town of Berlin, in Marathon county, against the respondent as county treasurer of said county, (to compel him.by mandamus to pay over certain money in his hands. A judgment in favor of the relator was affirmed by this court, on appeal. 31 Wis., 257. Afterwards, in the circuit court, the respondent obtained an order granting him a new trial, upon grounds stated in the opinion; and from this order the relator appealed. . contended that the affidavits on which the motion…
1Opinion of the CourtCole, J.
The question arising on this appeal is, whether the court below properly granted a new trial upon the affidavits presented. Under the circumstances, we think it did. The power of the court to relieve the respondent from the former judgment on the ground of mistake, surprise, or excusable neglect, is clearly conferred by section 38, ch. 125, R. S. ; and. the only question really for consideration is, whether the court was guilty of any abuse of discretion in the matter. It appears from the affidavits and exhibits upon which the application for a new trial was founded, that the commissioners.…
2Cases cited3 opinions
- State ex rel. Voight v. HoeflingerWisconsin Supreme Court · 1872
- Carroll v. MoreWisconsin Supreme Court · 1872
- Kennedy v. WaughWisconsin Supreme Court · 1868
3Cited by1 opinion
- Smith v. SmithWisconsin Supreme Court · 1881