Legal Opinion

Koch v. Wisconsin Pea Canners Co.

Wisconsin Supreme Court

Decided May 2, 1911PublishedCited by 4 opinions

Appeal from a judgment of tbe circuit court for Manito-woc county: Michael KiewaN, Circuit Judge. October 9, 1908, plaintiff began an action for personal injury. A verified answer was duly served October 24, 1908, .and when tbe case was felled for trial at tbe first term after issue joined it was continued for tbe term owing to attend.ance of counsel for defendant in tbis court. At tbe next term tbe parties, at tbe request of tbe defendant, stipulated for a ■continuance.

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Appeal from a judgment of tbe circuit court for Manito-woc county: Michael KiewaN, Circuit Judge. October 9, 1908, plaintiff began an action for personal injury. A verified answer was duly served October 24, 1908, .and when tbe case was felled for trial at tbe first term after issue joined it was continued for tbe term owing to attend.ance of counsel for defendant in tbis court. At tbe next term tbe parties, at tbe request of tbe defendant, stipulated for a ■continuance. Tbe case was for trial again at tbe January, 1910, term, .when both parties prepared to try it. It was apparent at the…

1Opinion of the CourtViNJE, J.

We shall assume that the trial court did not abuse its discretion in refusing to grant a further continuance upon the showing made and in proceeding with the trial to judgment. It will therefore not be necessary to consider and decide a number of questions discussed in the briefs and upon the oral, argument. We shall consider only the question of whether or not, on the showing made therefor, the trial court abused its discretion in refusing the application under sec. 2832, Stats. (1898), to set aside the verdict and grant a new trial upon such terms as might be just. By reference to the…

2Cases cited10 opinions

  1. Bloor v. SmithWisconsin Supreme Court · 1901
  2. Pinger v. VanclickWisconsin Supreme Court · 1874
  3. Levy v. GoldbergWisconsin Supreme Court · 1876
  4. Deering Harvester Co. v. JohnsonWisconsin Supreme Court · 1900
  5. Stilson v. RankinWisconsin Supreme Court · 1876

5 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Bridgett v. Perpetual Bldg. Ass'nDistrict of Columbia Court of Appeals · 1950
  2. Duenkel v. StateWisconsin Supreme Court · 1932
  3. Kurath v. Gove Automobile Co.Wisconsin Supreme Court · 1912
  4. Khatib v. FrennWisconsin Supreme Court · 1969

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