Godfrey v. Godfrey
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Eock county: James J. Dice, Judge. This action was brought to recover upon a promissory note. The trial resulted in a verdict and judgment for plaintiff. The court ordered a new trial, on motion of defendant, on the ground that “said verdict was against the law, contrary to the instructions of the court, and unsupported by the evidence,” and ordered that costs abide the event of the action.
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Appeal from an order of tbe circuit court for Eock county: James J. Dice, Judge. This action was brought to recover upon a promissory note. The trial resulted in a verdict and judgment for plaintiff. The court ordered a new trial, on motion of defendant, on the ground that “said verdict was against the law, contrary to the instructions of the court, and unsupported by the evidence,” and ordered that costs abide the event of the action. The plaintiff appealed from the order, and complains that the •court erred (1) in granting the motion, and (2) in ordering •costs to abide the event of the…
1DissentMaRshaul, J.
I dissent from tbe reversal of the order because costs were not imposed on respondent. Our practice as to this subject has drifted far away from that which prevailed when the Code was adopted, and which was intended to be firmly intrenched therein. The trend of evolution has been in the direction of increasing the burdens to be borne by sufferers from unjust verdicts. It has progressed so far, it seems, in that direction as to seriously interfere with the proper administration of justice. The additional step in that regard, taken in this case, moves me to write this history of the matter…
2Cases cited23 opinions
- Wolfgram v. Town of SchoepkeWisconsin Supreme Court · 1904
- Collins v. Albany & Schenectady RailroadNew York Supreme Court · 1852
- Eviston v. CramerWisconsin Supreme Court · 1883
- McLimans v. City of LancasterWisconsin Supreme Court · 1883
- Second National Bank of Richmond v. SmithWisconsin Supreme Court · 1903
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