Becker v. Holm
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eau Claire county: E. B. Bunky, Judge. Action to recover $2,000 as the purchase price of a steamboat alleged to have been sold by plaintiff to defendants. Each defendant interposed a separate answer.
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Appeal from a judgment of the circuit court for Eau Claire county: E. B. Bunky, Judge. Action to recover $2,000 as the purchase price of a steamboat alleged to have been sold by plaintiff to defendants. Each defendant interposed a separate answer. The verdict was rendered for the full amount claimed, which was set aside on motion as to defendant Holm, and a new trial granted, no reason being stated in the order, though the reason given in an opinion filed is that the verdict was unsupported by the evidence. Plaintiff duly excepted to the order. On the case coming on again for trial, plaintiff…
1Opinion of the CourtMarshall, J.
The sole question for consideration on this appeal is, Did the trial court err in setting aside the verdict as to respondent Holm, and granting a new trial, without the imposition of costs as terms ? That turns on what ground the court acted upon in the matter; if merely because the verdict was contrary to the evidence, then the order was erroneous; if because the verdict was perverse, that is, substantially dishonest, the order was properly granted. Smith v. Lander, 48 Wis. 587; Pound v. Roan, 45 Wis. 129. Ro reason for the order is stated therein; therefore, looting to it alone, the…
2Cases cited6 opinions
- Schweickhart v. StueweWisconsin Supreme Court · 1889
- Smith v. LanderWisconsin Supreme Court · 1880
- Pound v. RoanWisconsin Supreme Court · 1878
- Schraer v. StefanWisconsin Supreme Court · 1891
- Keller v. Town of GilmanWisconsin Supreme Court · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lines v. City of MilwaukeeWisconsin Supreme Court · 1911
- Maxon v. GatesWisconsin Supreme Court · 1901
- Corbett v. Great Northern Railway Co.North Dakota Supreme Court · 1914
- Bonnell v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1914
- Godfrey v. GodfreyWisconsin Supreme Court · 1906
4 more not listed; retrieve them via the Exa API.