Martin v. Barnes
Wisconsin Supreme Court
APPEAL PROM RACINE CIRCUIT COURT. This was an action for assault and battery, alleged to have been committed by the defendant upon Barbara, the wife oí Peter J. Martin. The cause was tried at the October term, 1858, of the Racine circuit, and a verdict rendered for the plaintiff. The defendant afterwards, on a case made and affidavits moved for a new trial, on the merits, and also for surprise, and newly discovered evidence.
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APPEAL PROM RACINE CIRCUIT COURT. This was an action for assault and battery, alleged to have been committed by the defendant upon Barbara, the wife oí Peter J. Martin. The cause was tried at the October term, 1858, of the Racine circuit, and a verdict rendered for the plaintiff. The defendant afterwards, on a case made and affidavits moved for a new trial, on the merits, and also for surprise, and newly discovered evidence. On hearing the court set aside the verdict and granted a new trial from which order the plaintiffs appealed, Only so much of the case as relates to the judgment of the…
1Opinion of the Court
By the Court,
Smith, J.
This was an action commenced by the appellants, Martin and wife, in the Racine circuit court, against the defendant to recover damages for an assault and battery committed by the defendant upon the wife of the complainant, Peter J. Martin. The cause was tried at the October term of the Racine circuit where the plaintiffs obtained a verdict. Upon a case made, and affidavits presented, the defendant moved for a new trial before the circuit court at the April Term, 1858; on the merits of the case as made, and also on the ground of newly discovered evidence, and surprise.…
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