Schraer v. Stefan
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. Action for libel. A trial thereof resulted in a verdict for plaintiff, assessing her damages at $1,500. Defendant moved to set aside the verdict and for a new trial on the grounds that the court made various erroneous rulings on the trial; that the verdict is unsupported by evidence; that it is against the weight of evidence; and that the damages are excessive.
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APPEAL from the Circuit Court for Ashland County. Action for libel. A trial thereof resulted in a verdict for plaintiff, assessing her damages at $1,500. Defendant moved to set aside the verdict and for a new trial on the grounds that the court made various erroneous rulings on the trial; that the verdict is unsupported by evidence; that it is against the weight of evidence; and that the damages are excessive. The motion was granted without terms and without any statement of the reasons for granting it. The plaintiff thereupon moved the court to modify the order granting the new trial so that…
1Opinion of the CourtLyoN, J.
We are aware of no rule of law which requires the circuit court to specify, in an order setting aside a verdict and granting a new trial, the grounds upon which it is made, although it is the better practice to do so. This court has affirmed many such orders which contained no statement of the reasons which prompted the court to grant them. McLimans v. Lancaster, 57 Wis. 297; Mullen v. Reinig, 68 Wis. 408; Warner v. Michelstetter, 77 Wis. 674. No one would think of attempting to compel .the trial judge to specify his reasons for any other ruling made during the progress of a cause, as, for…
2Cases cited6 opinions
- McLimans v. City of LancasterWisconsin Supreme Court · 1883
- Schweickhart v. StueweWisconsin Supreme Court · 1889
- Smith v. LanderWisconsin Supreme Court · 1880
- Pound v. RoanWisconsin Supreme Court · 1878
- Mullen v. ReinigWisconsin Supreme Court · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Schillinger v. Town of VeronaWisconsin Supreme Court · 1893
- R. Connor Co. v. GoodwillieWisconsin Supreme Court · 1904
- Maxon v. GatesWisconsin Supreme Court · 1901
- Smith v. Taylor-Button Co.Wisconsin Supreme Court · 1923
- Mills v. ConleyWisconsin Supreme Court · 1901
9 more not listed; retrieve them via the Exa API.