Warren v. Cummings
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County.. Action by I M. Warren, as administrator of the' estate of Marcus Warren, deceased, upon a negotiable promissory note, executed by defendants to. one. Ward and, assigned, to the deceased in his lifetime. The defendants pleaded payment.
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APPEAL from the Circuit Court for Dane County.. Action by I M. Warren, as administrator of the' estate of Marcus Warren, deceased, upon a negotiable promissory note, executed by defendants to. one. Ward and, assigned, to the deceased in his lifetime. The defendants pleaded payment. On the trial, defendants produced as a witness Horace Miller, who testified:. “ Some five or six years ago, Cummings came to my house; I went with him to Lower Sauk, to Warren’s (the deceased) office. Cummings said: ‘I suppose you hold a note against me.’ Warren replied he did, and searched for the note among his…
1Opinion of the CourtCole, J.
The ground on which we are asked to interfere with the ruling of the court below in refusing a new trial is, that the verdict was wholly unsupported by evidence. If there is no evidence at all to support the verdict, it is the duty of court to which the motion for a new trial is addressed, to set it aside, and of this court to correct its action, if it refuses. Eaton v. Joint School District, 23 Wis., 374; and Van Doran v. Armstrong, 28 id., 236. But where there is evidence which will sustain the verdict, the motion for a new trial is mainly addressed to the sound discretion of the court, and…
2Cases cited2 opinions
- Eaton v. Joint School District No. 3Wisconsin Supreme Court · 1868
- Barnes v. MerrickWisconsin Supreme Court · 1858
3Cited by1 opinion
- Coker v. Merritt'sSupreme Court of Florida · 1878