Legal Opinion

Garny v. Katz

Wisconsin Supreme Court

Decided November 7, 1893PublishedCited by 6 opinions

APPEAL from the Superior Court of Milwaukee County. Action to recover the sum of $500, with interest, alleged to be due the plaintiff for services performed by him as a real estate broker in securing for defendant certain, land.. The appeal is from an order granting a new trial after a verdict for plaintiff.

1Opinion of the CourtObtok, J.

The jury returned a verdict in favor of the plaintiff for $560.08. Afterwards, and at the same term of the court, the defendant moved for a new trial on the minutes of the court, and the motion was granted without any reasons stated therefor, and without terms. When no reasons are given for granting a new trial after a verdict, the presumption is that it was granted on the ground that the verdict was against the weight of evidence, and in such case the court should impose the terms of the payment of the taxable-costs of the former trial. Pound v. Roan, 45 Wis. 129; Smith v. Lander, 48 Wis.…

2Cases cited3 opinions

  1. Smith v. LanderWisconsin Supreme Court · 1880
  2. Pound v. RoanWisconsin Supreme Court · 1878
  3. Schraer v. StefanWisconsin Supreme Court · 1891

3Cited by6 opinions

  1. Mills v. ConleyWisconsin Supreme Court · 1901
  2. Becker v. HolmWisconsin Supreme Court · 1898
  3. Giese v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1902
  4. Frost v. MeyerWisconsin Supreme Court · 1908
  5. Wilson v. City of Eau ClaireWisconsin Supreme Court · 1894

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