State ex rel. Potrykus v. Schinz
Wisconsin Supreme Court
Mandamus. An alternative writ of mandamus was issued out of this court directing the Hon. Walter Schinz, judge of the Second judicial circuit, to vacate his order granting a new trial in the case of Potrykus v. Davis, in which a special verdict favorable to the plaintiff had been rendered on the ground that more than sixty days from the rendition of.the verdict had elapsed, and therefore by force of sec. 2878, Stats., the motion for the new trial would be constructively…
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Mandamus. An alternative writ of mandamus was issued out of this court directing the Hon. Walter Schinz, judge of the Second judicial circuit, to vacate his order granting a new trial in the case of Potrykus v. Davis, in which a special verdict favorable to the plaintiff had been rendered on the ground that more than sixty days from the rendition of.the verdict had elapsed, and therefore by force of sec. 2878, Stats., the motion for the new trial would be constructively overruled, or to show cause to the contrary. The judge made a return to the writ, to which the plaintiff demurred.
1Opinion of the CourtVinje, C. J.
The demurrer to- the return made the allegations therein contained verities. Such being the case, the plaintiff is met with this situation: If the motion be deemed to have been made under sec. 2878, Stats. 1921, then the return shows that on the 16th day of January, 1922, which was within sixty days, of the rendition of the verdict, and when the court was ready to announce its decision, “a representative of plaintiff’s attorneys informed the court that Judge Bancroft, who had charge of the motion, on behalf of the plaintiff and who participated in the trial as one of plaintiff’s attorneys,…
2Cases cited8 opinions
- Second National Bank of Richmond v. SmithWisconsin Supreme Court · 1903
- Wallis v. First National Bank of RacineWisconsin Supreme Court · 1914
- Will of Burghardt v. BurghardtWisconsin Supreme Court · 1917
- Notbohm v. PallangeWisconsin Supreme Court · 1918
- State ex rel. Kurath v. LudwigWisconsin Supreme Court · 1911
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Blake v. RupeWyoming Supreme Court · 1982
- Blake v. RupeWyoming Supreme Court · 1982