Cooper v. Granger
Wisconsin Supreme Court
Appeal from an order of the circuit court for Price county: Johst K. Pabish, Circuit Judge. . This is an action for malicious prosecution. Issue being joined and trial had, the jury at the close thereof and on June 28, 1904, returned a verdict in favor of the plaintiff and assessed her damages at $400. Thereupon the court by an entry in the minutes ordered a stay of proceedings.
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Appeal from an order of the circuit court for Price county: Johst K. Pabish, Circuit Judge. . This is an action for malicious prosecution. Issue being joined and trial had, the jury at the close thereof and on June 28, 1904, returned a verdict in favor of the plaintiff and assessed her damages at $400. Thereupon the court by an entry in the minutes ordered a stay of proceedings. July 18, 1904, the defendant entered a motion to set aside the verdict and for a new trial upon the minutes of the judge, and procured a stay of proceedings until further ordered. Upon the motion being called for…
1Opinion of the Court
Oassoday, O. J.
1. The proceedings in the action between the time of the rendition of the verdict and the making of the order appealed from are fully set forth in the foregoing statement. It is urged that the order should be reversed because the motion to set aside the verdict and grant a new trial *53upon the minutes of the judge “was not joined with a motion to vacate the judgment.” Bailey v. Costello, 94 Wis. 87, 93, 68 N. W. 663. But a sufficient answer to such objection is that the order itself recites and declares that “on a motion to vacate and set aside said verdict and judgment” the same…
2Cases cited5 opinions
- Bailey v. CostelloWisconsin Supreme Court · 1896
- Whitney v. KarnerWisconsin Supreme Court · 1878
- Maxon v. GatesWisconsin Supreme Court · 1901
- State ex rel. Barber v. McBainWisconsin Supreme Court · 1899
- Dufur v. Home Investment Co.Wisconsin Supreme Court · 1904