Toledo Scale Co. v. Colleran

Upon an appeal from an order of the trial court granting relief from a judgment, the order will not be disturbed on appeal unless it appears so clearly wrong as to evince an abuse of judicial power. Gowran v. Lennon, 154 Wis. 566, 143 N. W. 678.

In order to justify setting aside a judgment and granting a new trial on motion after judgment, the evidence upon which the motion is based must not be merely cumulative. A showing of diligence must be made, and in order to justify a reversal of an order refusing a new trial it should appear that the newly-discovered evidence is of such a character as…