Wilson v. Plank
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Portage County,, Action to recover damages for the alleged forcible and unlawful taking of a portable steam-engine by the defendant from the plaintiff.
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APPEAL from tbe Circuit Court for Portage County,, Action to recover damages for the alleged forcible and unlawful taking of a portable steam-engine by the defendant from the plaintiff. The j answer contains a general denial, together with an averment that the defendant took the engine by the license and permission of the plaintiff; and further, that the engine was formerly. owned by one Crow and one Felker, who sold the same to W. C. Carver, and took ¡from him a chattel mortgage thereon to secure the payment of $500 of the price thereof; and that the defendant took the engine by virtue of…
1Opinion of the CourtLyoN, J.
We find nothing in tbe record which will justify a reversal of tbe judgment for any alleged error committed on tbe trial, and shall therefore confine our remarks on the case to the question whether a new trial should have been granted.
The rule is elementary, that a new trial will not be granted on the ground of newly discovered evidence, unless the party moving therefor satisfy the court: 1. That such evidence came to his knowledge after the trial; 2. That he was not negligent in seeking to discover it; 3. That it is material to the issue; and 4. That it is not merely .cumulative to testimony…
2Cases cited2 opinions
- Waller v. GravesSupreme Court of Connecticut · 1850
- Guyot v. ButtsNew York Supreme Court · 1830
3Cited by21 opinions
- Hinton v. Cream City RailroadWisconsin Supreme Court · 1886
- Miller Saw-Trimmer Co. v. CheshireWisconsin Supreme Court · 1922
- State v. David McAlister, Sr.Wisconsin Supreme Court · 2018
- Goldsworthy v. Town of LindenWisconsin Supreme Court · 1889
- Belt Line Realty Co v. DickWisconsin Supreme Court · 1930
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