Ward v. Smith
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Wood county: Bykoh B. Pare, Circuit Judge. Tbe order appealed from was one setting aside a verdict and granting a new trial. Tbe motion was made on tbe minutes of tbe court under sec. 2878, Stats. There was considerable delay, without fault of appellants’ counsel, in submitting tbe motion for decision. It was finally submitted fifteen days before tbe expiration of tbe trial term.
Read the full summary
Appeal from an order of tbe circuit court for Wood county: Bykoh B. Pare, Circuit Judge. Tbe order appealed from was one setting aside a verdict and granting a new trial. Tbe motion was made on tbe minutes of tbe court under sec. 2878, Stats. There was considerable delay, without fault of appellants’ counsel, in submitting tbe motion for decision. It was finally submitted fifteen days before tbe expiration of tbe trial term. Some time after expiration of tbe term counsel for appellants were advised that an order would be entered granting tbe motion. They then made some suggestion to tbe…
1Opinion of the CourtMaeshall, J.
Did tbe circuit court lose jurisdiction to grant tbe motion to set aside tbe verdict and order a new trial by failure to determine tbe matter within tbe trial term? Counsel for appellants so contend and tbe question is ruled that way by sec. 2878, Stats., and tbe decisions in respect thereto (Second Nat. Bank v. Smith, 118 Wis. 18, 94 N. W. 664; Kurath v. Gove A. Co. 144 Wis. 480, 129 N. W. 619) unless tbe requirement under such section was waived by counsel, which they were competent to do, expressly or impliedly (Second Nat. Bank v. Smith, supra), or such requirement was abrogated by ch.…
2Cases cited8 opinions
- State ex rel. City of Milwaukee v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1911
- City of Madison v. Southern Wisconsin Railway Co.Wisconsin Supreme Court · 1914
- State ex rel. Marinette, Tomahawk & Western Railway Co. v. Common Council of TomahawkWisconsin Supreme Court · 1897
- Woodbury v. ShacklefordWisconsin Supreme Court · 1865
- Second National Bank of Richmond v. SmithWisconsin Supreme Court · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Anderson v. EggertWisconsin Supreme Court · 1940
- Allen v. LewisWyoming Supreme Court · 1919
- United States Coal & Coke Co. v. TurkWest Virginia Supreme Court · 1944
- Urban v. AndersonWisconsin Supreme Court · 1940
- Lingelbach v. CarriveauWisconsin Supreme Court · 1933
8 more not listed; retrieve them via the Exa API.