Barnes v. Merrick
Wisconsin Supreme Court
APPEAL PROM THE RACINE CIRCUIT COURT. This was an action commenced before a Justice of the' Peace before whom a trial was held, a judgment rendered for the plaintiff, and the defendant appealed to the Circuit Court.
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APPEAL PROM THE RACINE CIRCUIT COURT. This was an action commenced before a Justice of the' Peace before whom a trial was held, a judgment rendered for the plaintiff, and the defendant appealed to the Circuit Court. Upon trial of the cause in the Circuit Court, the plaintiff again recovered, and the defendant moved a new trial, principally upon the ground of surprise — that three certain witnesses named in his affidavit, testified differently from what he had supposed they would, and at variance with the fact — which motion, upon argument, the Circuit Court overruled, and from this order…
1Opinion of the Court
By the Cowrt,
Cole J.
This court has so frequently decided the only question presented in this case, which is, that applications for new trials are mainly addressed to the sound dis*58cretion of the court in which they are made, and that this court will not interfere and reverse a judgment on account of an alleged error in denying a motion for a new trial, unless there has been a gross abuse of this discretion on the part of the Circuit Court, that it would seem as if it was about time that this point at least was no longer open for argument here.
The judgment of the Circuit Court is affirmed with…
2Cited by4 opinions
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- Warren v. CummingsWisconsin Supreme Court · 1875