Legal Opinion

Emmons v. Sheldon

Wisconsin Supreme Court

Decided June 15, 1870PublishedCited by 16 opinions

APPEAL from the Circuit Court for Dane County. The case is stated in the opinion. conceded that before the Code the court had inherent power over the granting of new trials, but'contended that the Code superseded the previous practice, being a revision of the law upon the whole subject (T Mass. 140; 12 id. 587, 545; 5 Pick. 168; 10 id. 37; 3 Greenl. 22; 1 Ashm. 179; 5 Texas, 418); that a new trial could not properly be granted under the statute in a case of this kind — the…

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APPEAL from the Circuit Court for Dane County. The case is stated in the opinion. conceded that before the Code the court had inherent power over the granting of new trials, but'contended that the Code superseded the previous practice, being a revision of the law upon the whole subject (T Mass. 140; 12 id. 587, 545; 5 Pick. 168; 10 id. 37; 3 Greenl. 22; 1 Ashm. 179; 5 Texas, 418); that a new trial could not properly be granted under the statute in a case of this kind — the motion not being based upon exceptions, and there being no pretense that the evidence was insufficient, or that the…

1Opinion of the CourtCole, J.

This is an appeal from an order granting a new trial. The action was for the recovery of damages for personal injuries occasioned the plaintiff through the negligence and carelessness of the servant of the defendant. The jury rendered a verdict n favor of the plaintiff for five dollars damages. Thereupon the plaintiff made a motion for a new trial upon the minutes of the judge, which was granted on the ground that the jury having found, under the charge of the court, that the plaintiff was without fault and the defendant’s servant was guilty of negligence, the damages were, in any view of the…

2Cases cited1 opinion

  1. McDonald v. . WalterNew York Court of Appeals · 1869

3Cited by16 opinions

  1. Tathwell v. City of Cedar RapidsSupreme Court of Iowa · 1903
  2. Henderson v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1893
  3. Schweickhart v. StueweWisconsin Supreme Court · 1889
  4. Pound v. RoanWisconsin Supreme Court · 1878
  5. Kayser v. HartnettWisconsin Supreme Court · 1886

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