Lewellen v. Williams
Wisconsin Supreme Court
APPE ML from the Circuit Court for Jefferson County. Lewellen brought this action against Randall, Anderson and Williams, upon a note executed by them to him, and obtained a verdict for the amount of the note. The defendants moved for a new trial upon affidavits of Williams and of I. E. Leonard, Esq., who was attorney for Randall and Anderson.
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APPE ML from the Circuit Court for Jefferson County. Lewellen brought this action against Randall, Anderson and Williams, upon a note executed by them to him, and obtained a verdict for the amount of the note. The defendants moved for a new trial upon affidavits of Williams and of I. E. Leonard, Esq., who was attorney for Randall and Anderson. The affidavit of the former stated, that a certain return made by and recognizance entered into before a justice of the peace of said county, in a criminal proceeding against the defendant Anderson for forgery, were material testimony for the defendants…
1Opinion of the Court
y the Gourt,
Dixon, C. J.
Appeal from an order granting a new trial on the ground of surprise. Notwithstanding the observations of the court in Chamberlain vs. Railroad Co., 7 Wis., 429, upon the provision of the Code giving an appeal from an order granting or refusing a new trial, all the subsequent cases have proceeded according to the former practice, and no such order has been reversed except upon the ground that there was manifest abuse of discretion, or that some settled principle of law had been violated. 7 Wis., 475; id., 498; 10 Wis., 440; id., 505. Upon mature deliberation, we have…
2Cases cited2 opinions
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