Bowen v. Malbon
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Winnebago County. Replevin. Verdict for plaintiff. Tbe defendant moved on “ tbe minutes of the judge and all tbe papers in tbe cause,” and certain affidavits, for anew trial, because of misdirection of tbe judge, newly discovered evidence, incompetency of one of tbe jurors and other reasons.
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APPEAL from tbe Circuit Court for Winnebago County. Replevin. Verdict for plaintiff. Tbe defendant moved on “ tbe minutes of the judge and all tbe papers in tbe cause,” and certain affidavits, for anew trial, because of misdirection of tbe judge, newly discovered evidence, incompetency of one of tbe jurors and other reasons. Tbe court granted a new trial on tbe ground, as stated in tbe order, that one of tbe jurors was disqualified to act by reason of consanguinity with one Buck-staff, who is alleged in tbe answer to be tbe real party in interest in maintaining tbe action. No case was…
1Opinion of the CourtCole, J.
It appears that the motion for a new trial was heard upon the “ minutes of the judge,” as well as upon the affidavits returned on this appeal. Those “ minutes” are not before us, as they should be, in order to enable us to say that the new trial was improperly granted. We must presume, in the absence of these minutes, that a new trial was properly allowed, and that the circuit court decided rightfully upon the matters before it. It is true, the order granting a new trial recites, as a reason for granting it, that it appeared to the court that McCurdy was disqualified to act as a juror on…
2Cited by4 opinions
- Grottkau v. StateWisconsin Supreme Court · 1888
- Glover v. Wells & Mulrooney Grain Co.Wisconsin Supreme Court · 1896
- Colle v. Kewaunee, Green Bay & Western RailroadWisconsin Supreme Court · 1912
- Hubbard v. Town of LyndonWisconsin Supreme Court · 1869