Legal Opinion

Whitney v. Karner

Wisconsin Supreme Court

Decided August 15, 1878PublishedCited by 15 opinions

APPEAL from the Circuit Court for Portage County. The case is stated in the opinion. contended, among other things, that when the judgment was entered there was on file an order in the cause settling a “ case ” with a view to the motion for a new trial;, that this order of itself stayed all further proceedings until plaintiff should be guilty of laches in bringing the matter to a hearing; and that it appeared from the record that there was no such laches.

1Opinion of the CourtTaylor, J.

This is an appeal from an order of the circuit court, dated June 30th, 1877, setting aside the verdict of the jury in favor of the defendant Karner, vacating the judgment entered on such verdict in his favor, and granting a new trial to the plaintiff.

The record shows that the motion to set aside such verdict and for a new trial was dated August 18th, 1875, and was served August 19th. The record also shows that judgment was entered upon the verdict in favor of defendant Karner August 17th, 1875, and notice of entry served August 20th, 1875; and that on the 20th of August, 1875, the defendant’s…

2Cases cited3 opinions

  1. Knox v. CliffordWisconsin Supreme Court · 1877
  2. Ely v. TallmanWisconsin Supreme Court · 1861
  3. Scheer v. KeownWisconsin Supreme Court · 1874

3Cited by15 opinions

  1. Zinc Carbonate Co. v. First National Bank of ShullsburgWisconsin Supreme Court · 1899
  2. My Laundry Co. v. SchmelingWisconsin Supreme Court · 1906
  3. Paulsen v. GundersenWisconsin Supreme Court · 1935
  4. Schobacher v. Germantown Farmers' Mutual InsuranceWisconsin Supreme Court · 1883
  5. Comstock v. BoyleWisconsin Supreme Court · 1908

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