Smith v. Grover
Wisconsin Supreme Court
APPEAL from the Superior Court of Milwaiücee County. The following statement of the ease was prepared by Mr. Justice Oassoday: This action was commenced July 23, 1887, to recover $500 for the professional services of the plaintiff as an attorney at law for the defendant, upon his retainer and at his request, in certain suits and matters mentioned.
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APPEAL from the Superior Court of Milwaiücee County. The following statement of the ease was prepared by Mr. Justice Oassoday: This action was commenced July 23, 1887, to recover $500 for the professional services of the plaintiff as an attorney at law for the defendant, upon his retainer and at his request, in certain suits and matters mentioned. The answer, in addition to a general denial, in effect alleged that his attorney in said suits and matters was one E. C. Lewis; that the defendant never employed or authorized any one to employ the plaintiff, but, on the contrary, expressly refused…
1Opinion of the CourtCassoday, J.
The setting aside of a verdict and the granting of a new trial is very much in the discretion of the trial court. This being so, the action of such court in such matters will not generally be disturbed unless it appears affirmatively that there has been an abuse of such discretion. This is so whether such action is based upon newly discovered evidence, misdirection to the jury, misconduct of the jury, or any supposed injustice. Smith v. Champagne, 72 Wis. 480, and cases there cited. The only exception to this rule is when it affirmatively appears upon the record that such' action of the court…
2Cases cited7 opinions
- Whereatt v. EllisWisconsin Supreme Court · 1887
- Wilson v. PlankWisconsin Supreme Court · 1876
- Whereatt v. EllisWisconsin Supreme Court · 1887
- Mullen v. ReinigWisconsin Supreme Court · 1887
- Sutton v. WegnerWisconsin Supreme Court · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Oakley v. DavidsonWisconsin Supreme Court · 1899
- Link v. Union Pac. Ry. Co.Wyoming Supreme Court · 1892