Jones v. Evans
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. The defendant appealed from an order granting a new trial. The facts, so far as they are necessary to explain the points of . practice decided,, will appear from the opinion.
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APPEAL from the Circuit Court for Dodge County. The defendant appealed from an order granting a new trial. The facts, so far as they are necessary to explain the points of . practice decided,, will appear from the opinion. It has not been thought worth while to give here the affidavits upon which the order appealed from was founded. to tbe point tbat a motion for a new trial on tbe ground of newly discovered evidence, cannot be beard on affidavits alone, cited Eule 84, S. C. Eules, and 7 Wend., 331. He also argued tbat tbe affidavits, except tbat of tbe plaintiff bimself, should not bave been…
1Opinion of the CourtLyon, J.
Tbe action is upon two promissory notes, and was tried at tbe June term, 1870, of tbe circuit court for Dodge county. Tbe defendant bad a verdict. At tbe ensuing September term of tbe court, tbe plaintiff moved on affidavits, and without procuring a case to be settled, tbat said verdict and tbe Judgment which bad been entered upon it, be set aside and vacated and a new trial granted. After argument by counsel, and after bearing counter-affidavits on tbe part of tbe defendant, tbe court granted tbe motion. Tbe defendant appeals to this court from tbe order granting tbe same.
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2Cited by13 opinions
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- Carroll v. MoreWisconsin Supreme Court · 1872
- Kennedy v. PlankWisconsin Supreme Court · 1904
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