Branger v. Buttrick
Wisconsin Supreme Court
.APPEAL from tbe Circuit Court for Iowa County. At tbe March term, 1870, of said court, a stipulation was entered into between tbe defendants in this action (who are attorneys at law) and the plaintiff’s.attorney, by which “ no action ” was to be “ taken by either party ” therein until the 5th of April of that year, and notice of trial was waived by both parties.
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.APPEAL from tbe Circuit Court for Iowa County. At tbe March term, 1870, of said court, a stipulation was entered into between tbe defendants in this action (who are attorneys at law) and the plaintiff’s.attorney, by which “ no action ” was to be “ taken by either party ” therein until the 5th of April of that year, and notice of trial was waived by both parties. On the 5th of said month of April, Mr. Hill telegraphed from Chicago, El., to Mr. Henry, of the firm of Henry & Smith, at Mineral Point, stating that he was sick and was a material witness in the cause, and asking Mr. Henry to…
1Opinion of the Court
The following opinion was filed at the January term, 1871.
DixoN, C. J.
It may be the misfortune of the defendant Hill that his attorneys should have moved for a new trial at the term in April, or that, having moved, and the motion proving unsuccessful, they should not have applied to, and obtained leave from the court at that time to renew the motion, making such permission a part of the order. As the case now stands, permission to renew or make another motion not having been reserved or granted when the first motion was overruled, it is obvious there can be no relief in the form of a second…
2Cases cited5 opinions
- Morgan v. RobertsIllinois Supreme Court · 1865
- DeWolf v. StraderIllinois Supreme Court · 1861
- Johnson v. CunninghamSupreme Court of Alabama · 1840
- Floyd County Agricultural & Mechanical Ass'n v. TompkinsIndiana Supreme Court · 1864
- Hithcock v. M'GeheeSupreme Court of Alabama · 1838
3Cited by2 opinions
- Hoppe v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1884
- State ex rel. C. W. Fischer Furniture Co. v. DetlingWisconsin Supreme Court · 1938