Hewitt v. Wisconsin River Land Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Lmeobi Comity. This is an action for the recovery of real estate in Lincoln county, in which the defendant claimed title under a tax deed executed and recorded May 21,1884, to John Corn-stock, through whom the defendant claims by subsequent conveyance.
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APPEAL from tbe Circuit Court for Lmeobi Comity. This is an action for the recovery of real estate in Lincoln county, in which the defendant claimed title under a tax deed executed and recorded May 21,1884, to John Corn-stock, through whom the defendant claims by subsequent conveyance. The issue came on to be tried before the court and jury, and was submitted upon a stipulation of facts, in substance that the plaintiff derived title to the lands in question through mesne conveyance from the United States, and the defendant by virtue of the tax deed mentioned. It was admitted that the…
1Opinion of the CourtPiNNEY, J.
It has been held by this court that an application for a new trial under sec. 3092, R. S., 1 properly made, is to be granted as a matter of course, and previous notice of it need not be given (Haseltine v. Simpson, 61 *550Wis. 427), and that a second trial is a matter of right, even after affirmance of the first judgment on appeal (Deery v. McClintock, 31 Wis. 195). The party entitled to such new trial as a matter of right may expressly waive it. Ladd v. Hildebrant, 27 Wis. 135. It is insisted that there was a waiver of the right in this case, and therefore the order setting aside the judgment…
2Cases cited4 opinions
- Ladd v. HildebrantWisconsin Supreme Court · 1870
- Deery v. McClintockWisconsin Supreme Court · 1872
- Roberts v. . BaumgartenNew York Court of Appeals · 1891
- Haseltine v. SimpsonWisconsin Supreme Court · 1884
3Cited by4 opinions
- Slauson v. Goodrich Transportation Co.Wisconsin Supreme Court · 1898
- Kremer v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1893
- Guaranteed Investment Co. v. Van MetreWisconsin Supreme Court · 1914
- Guaranteed Investment Co. v. Van MetreWisconsin Supreme Court · 1914