Barnes v. Merrick

Decided July 1, 1858

Wisconsin Supreme Court · decided 1858-07-01

This was an action commenced before a Justice of the' Peace before whom a trial was held, a judgment rendered for the plaintiff, and the defendant appealed to the Circuit Court. Held: a judgment rendered for the plaintiff, and the defendant appealed to the Circuit Court.

Cited by 3 later decisions — most recently September 1895

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1858-07-01

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¶1By the Cowrt,

Cole J.

¶2This court has so frequently decided the only question presented in this case, which is, that applications for new trials are mainly addressed to the sound dis*58cretion of the court in which they are made, and that this court will not interfere and reverse a judgment on account of an alleged error in denying a motion for a new trial, unless there has been a gross abuse of this discretion on the part of the Circuit Court, that it would seem as if it was about time that this point at least was no longer open for argument here.

¶3The judgment of the Circuit Court is affirmed with costs.