Smith v. Smith
Wisconsin Supreme Court
APPEAL from the Circuit Court for Walworth County. Tiie plaintiff, Abbott H. Smith, claims title to certain land by virtue of a deed to him from bis grandfather, Benjamin Holmes, executed in August, 1878. The defendant Charles W. Smith is the father of the plaintiff and the son-in-law of Benjamin Holmes, and he claims title to the same land by virtue of a deed purporting to have been executed in April, 1878. This action was brought to set aside the last-named deed as a cloud…
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APPEAL from the Circuit Court for Walworth County. Tiie plaintiff, Abbott H. Smith, claims title to certain land by virtue of a deed to him from bis grandfather, Benjamin Holmes, executed in August, 1878. The defendant Charles W. Smith is the father of the plaintiff and the son-in-law of Benjamin Holmes, and he claims title to the same land by virtue of a deed purporting to have been executed in April, 1878. This action was brought to set aside the last-named deed as a cloud on the plaintiff’s title, on the ground that said deed had never in fact been executed with knowledge or understanding…
1Opinion of the CourtCassoday, J.
This motion was in time. The statute, among other things, provides that a motion for a new trial, founded upon newly discovered evidence, may be made and heard at any time within one year from the finding, without a bill of *668exceptions, upon affidavits, and the papers in the action, and a transcribed copy of the phonographic reporter’s minutes. Section 2879, R. S. The moving papers were sufficient in form under this statute. Were they sufficient in substance? The statutes give to the circuit court a “discretion” in the granting or refusing of such motions. Section 2832, R. S. The circuit court…
2Cases cited5 opinions
- Hanson v. MichelsonWisconsin Supreme Court · 1865
- Seymour v. Board of SupervisorsWisconsin Supreme Court · 1876
- Lewellen v. WilliamsWisconsin Supreme Court · 1861
- Moll v. SemlerWisconsin Supreme Court · 1873
- State ex rel. Voight v. HœflingerWisconsin Supreme Court · 1873
3Cited by11 opinions
- Crowns v. Forest Land Co.Wisconsin Supreme Court · 1899
- Hinton v. Cream City RailroadWisconsin Supreme Court · 1886
- Whereatt v. EllisWisconsin Supreme Court · 1887
- Grace v. McArthurWisconsin Supreme Court · 1890
- Shalit v. ShalitSupreme Judicial Court of Maine · 1927
6 more not listed; retrieve them via the Exa API.