Smith v. Cushing
Wisconsin Supreme Court
APPEAL from the Circuit Court for Polk County. This was an action for the recovery of a money judgment for about $16,000. The answer denied the causes of action alleged in the complaint, and set up counterclaims. There was a reply in partial denial of said counterclaims. Upon a trial in April, 1861, the jury rendered a verdict for the defendant for $1,788.14, the amount of counterclaim admitted by the reply, and judgment was rendered accordingly.
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APPEAL from the Circuit Court for Polk County. This was an action for the recovery of a money judgment for about $16,000. The answer denied the causes of action alleged in the complaint, and set up counterclaims. There was a reply in partial denial of said counterclaims. Upon a trial in April, 1861, the jury rendered a verdict for the defendant for $1,788.14, the amount of counterclaim admitted by the reply, and judgment was rendered accordingly. No evidence was offered in behalf of the plaintiff at said trial, and the plaintiff himself was not present. In April, 1862, the plaintiff’s…
1Opinion of the Court
By the Court,
Dixon, C. J.
We cannot say that the granting of a new trial was an abuse of the discretionary power vested in the circuit court. If it ought not to be granted on account of the absence of the witness Pierson, or because the plaintiff was negligent in seeking and procuring his testimony, still we think it should be granted on the ground of newly discovered evidence. It is true, in general, as decided by this court in Dunbar v. Hollinshead, 10 Wis., 505, that the party asking a new trial on this- ground must give the court the best evidence possible of the newly discovered…
2Cases cited1 opinion
- Dunbar v. HollinsheadWisconsin Supreme Court · 1860
3Cited by5 opinions
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- State v. LeppereWisconsin Supreme Court · 1886
- In re PerkinsDistrict Court, W.D. Wisconsin · 1874