Warner v. Michelstetter
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. The following statement of the case was prepared by Mr. Justice Cassoday: It appears from the record that this is an action for money had and received by the defendant as agent for the plaintiff in the sale of lands; that the defense is a general denial and new matter alleged; that, June 23,1889, a judgment was rendered in justice’s court in favor of the plaintiff; that, October 14,1889, a verdict was rendered in the…
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APPEAL from the Circuit Court for Outagamie County. The following statement of the case was prepared by Mr. Justice Cassoday: It appears from the record that this is an action for money had and received by the defendant as agent for the plaintiff in the sale of lands; that the defense is a general denial and new matter alleged; that, June 23,1889, a judgment was rendered in justice’s court in favor of the plaintiff; that, October 14,1889, a verdict was rendered in the circuit court, on appeal, in favor of the defendant; that, October 26, 1889, the plaintiff moved the - court upon the minutes,…
1Opinion of the CourtCassoday, J.
The motion for a new trial upon the grounds therein stated was very much within the discretion *676of the trial court. An order granting such new trial will not ordinarily be disturbed unless it is apparent from the record that there has been an abuse of such discretion. It does not so appear in the case at bar. The only exception to the rule is when it affirmatively appears from the record that such order is based upon a misapprehension of the law applicable. Mullen v. Reinig, 68 Wis. 410. When such misapprehension exists and is relied upon, it is usually made to appear in the order itself, and…
2Cases cited3 opinions
- Mullen v. ReinigWisconsin Supreme Court · 1887
- Rogers v. HœnigWisconsin Supreme Court · 1879
- Webster v. Board of Supervisors of Oconto CountyWisconsin Supreme Court · 1879
3Cited by2 opinions
- Schillinger v. Town of VeronaWisconsin Supreme Court · 1893
- Schraer v. StefanWisconsin Supreme Court · 1891