Godfrey v. Godfrey
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Eock county: James J. Dice, Judge. This action was brought to recover upon a promissory note. The trial resulted in a verdict and judgment for plaintiff. The court ordered a new trial, on motion of defendant, on the ground that “said verdict was against the law, contrary to the instructions of the court, and unsupported by the evidence,” and ordered that costs abide the event of the action.
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Appeal from an order of tbe circuit court for Eock county: James J. Dice, Judge. This action was brought to recover upon a promissory note. The trial resulted in a verdict and judgment for plaintiff. The court ordered a new trial, on motion of defendant, on the ground that “said verdict was against the law, contrary to the instructions of the court, and unsupported by the evidence,” and ordered that costs abide the event of the action. The plaintiff appealed from the order, and complains that the •court erred (1) in granting the motion, and (2) in ordering •costs to abide the event of the…
1Opinion of the CourtKekwikt, J.
1. Tbe evidence, but not the charge, is preserved in a bill of exceptions. It is claimed on the part of the plaintiff that the court abused its discretion in setting aside the verdict and granting a new trial, and.that the evidence fully supports the verdict. There is evidence strongly tending to show that the note was without consideration and never delivered. It is apparent from, the order made by the judge below in granting the new trial that he was of the opinion that the verdict was contrary to the evidence. Under such circumstances the lower court had the right in its discretion to…
2Cases cited4 opinions
- Wolfgram v. Town of SchoepkeWisconsin Supreme Court · 1904
- R. Connor Co. v. GoodwillieWisconsin Supreme Court · 1904
- Eggen v. FoxWisconsin Supreme Court · 1905
- Becker v. HolmWisconsin Supreme Court · 1898
3Cited by6 opinions
- Steber v. NorrisWisconsin Supreme Court · 1925
- Prahl v. HogensenWisconsin Supreme Court · 1924
- Bailey v. McCormickWisconsin Supreme Court · 1907
- Welch v. Morton Salt Co.Wisconsin Supreme Court · 1921
- Larson v. RussellNorth Dakota Supreme Court · 1919
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