Rupiper v. Calloway
Wisconsin Supreme Court
Appeal from an order of the circuit court for Brown county: S. D. HastiNgs, Je., Circuit Judge, Appeal from an order made by the circuit court for Brown county granting a second trial in an action of ejectment, relying on sec. 3092, Stats. 1898. The action, as shown by the complaint, was instituted to recover of defendant 5.83 acres of land specifically described therein by metes and bounds. The verdict was for plaintiff for 212&- rods of land only.
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Appeal from an order of the circuit court for Brown county: S. D. HastiNgs, Je., Circuit Judge, Appeal from an order made by the circuit court for Brown county granting a second trial in an action of ejectment, relying on sec. 3092, Stats. 1898. The action, as shown by the complaint, was instituted to recover of defendant 5.83 acres of land specifically described therein by metes and bounds. The verdict was for plaintiff for 212&- rods of land only. A judgment was so rendered and for $146.15 costs. "Within one year from the entry of such judgment plaintiff moved the court for a second trial…
1Opinion of the CourtMarshall, J.
The first contention of the appellant is that sec. 3092, Stats. 1898, does not apply to a person circumstanced as respondent was when his motion was granted, because there was no judgment against him. The wording of such section is as follows: “ The court in which any such judgment shall have been rendered, otherwise than upon failure to answer, shall, upon application of the party against whom the same was rendered, his heirs, devisees, or assigns, within one year from the rendition thereof, vacate the judgment and grant a new trial upon condition that all costs recovered thereby or awarded…
2Cases cited14 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Campbell v. RankinSupreme Court of the United States · 1879
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- State ex rel. Heiden v. RyanWisconsin Supreme Court · 1898
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