Eggen v. Fox
Wisconsin Supreme Court
Appeal from an order of the superior court of Milwaukee county: T. C. Ludwig, Judge. This action was originally commenced in justice’s court to recover for a breach of warranty on the sale of the judgment described in the pleadings. An appeal was taken from the judgment rendered in justice’s court to the superior court of Milwaukee county.
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Appeal from an order of the superior court of Milwaukee county: T. C. Ludwig, Judge. This action was originally commenced in justice’s court to recover for a breach of warranty on the sale of the judgment described in the pleadings. An appeal was taken from the judgment rendered in justice’s court to the superior court of Milwaukee county. In superior court defendant was permitted to amend her answer by way of counterclaim, in which she charged that her signature to the instrument of assignment was procured by misrepresentation as to its contents ; that she was thereby misled and induced to…
1Opinion of the CourtSiebeckeb, J.
The only question presented on this appeal is whether the court ruled correctly in ordering a new trial of the case upon its own motion. The power of the court to grant a new trial is unquestioned. The only question for consideration is, Did the court act properly in ordering the new trial? Such action by the court is clearly within' the field of discretion, and is not to be reviewed on appeal unless it appears that there was an abuse of this discretion. The court is presumed to have taken the course it did because it deemed it necessary in furtherance of justice, under the circumstances…
2Cases cited4 opinions
- R. Connor Co. v. GoodwillieWisconsin Supreme Court · 1904
- Maxon v. GatesWisconsin Supreme Court · 1901
- Strong v. CattonWisconsin Supreme Court · 1853
- McElroy v. Minnesota Percheron Horse Co.Wisconsin Supreme Court · 1901
3Cited by10 opinions
- De Vall v. De VallOregon Supreme Court · 1911
- Fontaine v. FontaineWisconsin Supreme Court · 1931
- Todd v. OrrSupreme Court of Oklahoma · 1914
- Lange v. OlsonWisconsin Supreme Court · 1925
- Simpkins v. ParsonsSupreme Court of Oklahoma · 1915
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