Keller v. Town of Gilman
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Pierce county: A. J. ViNje, Judge. The plaintiff brought an action to recover damages against the defendant town, for injuries she had received while traveling on one of its public highways, and upon trial before a jury the defendant had a verdict in its favor. The plaintiff moved, upon the minutes of the court, for various reasons, to set aside the verdict and for a new trial.
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Appeal from a judgment of the circuit court for Pierce county: A. J. ViNje, Judge. The plaintiff brought an action to recover damages against the defendant town, for injuries she had received while traveling on one of its public highways, and upon trial before a jury the defendant had a verdict in its favor. The plaintiff moved, upon the minutes of the court, for various reasons, to set aside the verdict and for a new trial. The court granted the motion without the imposition of costs, but the record fails to show upon what ground. The defendant did not appeal from the order. Upon a second…
1Opinion of the CourtPiNNet, J.
The defendant seeks, on this appeal from the final judgment, to obtain a review, under R. S. sec. 3070, of the order setting aside the first verdict and granting a new trial, and a consequent reversal of the judgment rendered on the second trial as erroneous, the effect of which would probably be to restore the first verdict and entitle it to judgment thereon. Under the section referred to, upon an appeal from a judgment, the court “may review any intermediate order or determination of the court below, which involves the merits and necessarily affects the judg-mentappearing upon the record…
2Cases cited2 opinions
- Donkle v. MilemWisconsin Supreme Court · 1894
- Victor Sewing Machine Co. v. HellerWisconsin Supreme Court · 1877
3Cited by7 opinions
- Mooney v. DonovanNorth Dakota Supreme Court · 1899
- Becker v. HolmWisconsin Supreme Court · 1898
- Clifford v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1900
- Butler v. GillisWisconsin Supreme Court · 1899
- Dow v. DeissnerWisconsin Supreme Court · 1900
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