Legal Opinion

Hayward v. Ormsbee

Wisconsin Supreme Court

Decided February 14, 1860PublishedCited by 11 opinions

MOTION TOR REHEARING. This was an action of ejectment by Thomas J. Ormsbee against Hiram Hayward for a lot in the city of Madison, the facts of which are fully stated in the former decision reported in 7 Wis., 111. It was again argued by

1Opinion of the Court

By the Court,

Cole, J.

Upon filing the opinion in this case, which is reported in 7 Wis., Ill, a motion was made for a rehearing on the part of the defendant in error, which motion was granted. The case was again argued at the last term upon its merits, and I will now proceed to state the conclusion at which we arrived upon the second argument.

It was assumed on the former argument that a motion was made in the court below, for a new trial, and that this motion was denied, and an exception duly taken. And in reversing the judgment this court proceeded upon the ground that such a motion in fact…

2Cases cited1 opinion

  1. Bagnell v. BroderickSupreme Court of the United States · 1839

3Cited by11 opinions

  1. Yarber v. Chicago & Alton Railway Co.Illinois Supreme Court · 1908
  2. Nesbit v. HinesSupreme Court of Kansas · 1876
  3. Johnson v. BallouMichigan Supreme Court · 1874
  4. Smith v. GillettIllinois Supreme Court · 1869
  5. Kirch v. DaviesWisconsin Supreme Court · 1882

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