Plankinton v. Gorman
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: R. N. AustiN, Judge. Defendant Matt H. Bauer, on the 1st day of May, 1893, made his promissory note for $1,000, payable 100 days after ■date, to the order of defendant Thomas Gorman, and caused the same to be indorsed by the J. Obermann Brewing Company, and thereafter, for value, delivered the same to Gor-man.
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Appeal from a judgment of the superior court of Milwaukee county: R. N. AustiN, Judge. Defendant Matt H. Bauer, on the 1st day of May, 1893, made his promissory note for $1,000, payable 100 days after ■date, to the order of defendant Thomas Gorman, and caused the same to be indorsed by the J. Obermann Brewing Company, and thereafter, for value, delivered the same to Gor-man. Gorman thereafter indorsed the note to H. J. Killilea, •and he indorsed the same to the Plankinton Bank. Thereafter, and before the note became due, the brewing company made an assignment for the benefit of creditors. At…
1Opinion of the CourtMabshall, J.
There was no motion for a new trial before judgment. Therefore the question of whether the verdict is sustained by the evidence is not before us. Kirch v. Davies, 55 Wis. 287. It is argued on the part of respondent that, for want of a motion for a new trial before judgment, this court cannot review the rulings of the trial court in dir recting the verdict for plaintiff. Such is not the la'Vf. A motion for a new trial is only necessary to preserve for review errors committed by the jury. Errors committed by the court are reviewable without such motion. Improperly directing a verdict is such an…
2Cases cited9 opinions
- Shutts v. . FingarNew York Court of Appeals · 1885
- City of Maquoketa v. WilleySupreme Court of Iowa · 1872
- Chambers v. CochranSupreme Court of Iowa · 1864
- Kirch v. DaviesWisconsin Supreme Court · 1882
- Smith v. . ErwinNew York Court of Appeals · 1879
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- Sullivan v. Minneapolis, St. Paul & Sault Sainte Marie Railway Co.Wisconsin Supreme Court · 1918
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