Westenberg v. Bhend
Wisconsin Supreme Court
Appeals from an order of the circuit court for Dodge county: Martin L: Lueck,- Circuit Judge. This is a consolidated action growing out of two actions; one commenced by the present plaintiff; Charles Westenberg, against the present defendant, Ella Bhend, and the other by the present defendant, Ella Bhend, against the present plaintiff, Charles Westenberg. The actions were consolidated and continued in the name of Charles Westenberg, plaintiff, against Ella Bhend, defendant.
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Appeals from an order of the circuit court for Dodge county: Martin L: Lueck,- Circuit Judge. This is a consolidated action growing out of two actions; one commenced by the present plaintiff; Charles Westenberg, against the present defendant, Ella Bhend, and the other by the present defendant, Ella Bhend, against the present plaintiff, Charles Westenberg. The actions were consolidated and continued in the name of Charles Westenberg, plaintiff, against Ella Bhend, defendant. They were tried to the court and a jury and the following verdict returned: “ (1) Did Charles Westenberg break his…
1Opinion of the Court
The following opinion was filed November 16, 1920:
Kerw'iñ, J.
In granting the motion for á -new trial the court used the following language':..
“I am of the' opinion and hold that- the verdict should be set aside and-' á new trial granted becáüsé the answérs of the jury to the first and second questions are inconsistent with the answer to the sixth question.”
*139It will be seen from the foregoing that the court did not base the order for a new trial on the exercise of that general discretion which the trial court has on the subject, but solely upon the ground that the special verdict was…
2Cases cited7 opinions
- Galusha v. ShermanWisconsin Supreme Court · 1900
- Kowalke v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1899
- Kercheval v. DotyWisconsin Supreme Court · 1872
- Mullen v. ReinigWisconsin Supreme Court · 1887
- Robinson v. Town of WashburnWisconsin Supreme Court · 1892
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