Wheeler v. Russell
Wisconsin Supreme Court
Appeal from orders of the circuit court for Outagamie county: Johh G-oodlahd, Circuit Judge. This was an action to recover- the price of a car load of wheat shipped by the plaintiffs at Minneapolis, Minnesota, to the defendants at Kaukauna, Wisconsin, February 19, 1894, at the agreed price of §>485.07. The answer was, in substance, a general denial.
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Appeal from orders of the circuit court for Outagamie county: Johh G-oodlahd, Circuit Judge. This was an action to recover- the price of a car load of wheat shipped by the plaintiffs at Minneapolis, Minnesota, to the defendants at Kaukauna, Wisconsin, February 19, 1894, at the agreed price of §>485.07. The answer was, in substance, a general denial. Upon- trial before a jury the plaintiffs had a verdict for $506.85. On the following day the defendants moved to set aside the verdict and for a new trial, “for the reason that the verdict is contrary to the law and the evidence, and for the…
1Opinion of the CourtPimrav, J.
1. The record in this case shows affirmatively upon what grounds the court acted in making the orders appealed from, so that no presumption in favor of the orders can be indulged in outside of what is disclosed by the record. If they are not justified by what appears from the record, they must be reversed. There is nothing in the record to show that the defendants made any mistalce in the conduct of the action, or to show what the court regarded *137as such. The order setting aside the verdict and granting a new trial does not, upon its face, show, as it should, upon, what affidavits, records,…
2Cases cited8 opinions
- Polleys v. Black River Improvement Co.Supreme Court of the United States · 1885
- Cord v. SouthwellWisconsin Supreme Court · 1862
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- Smith v. HartWisconsin Supreme Court · 1878
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3Cited by9 opinions
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