Garny v. Katz
| Decision Date | 07 November 1893 |
| Citation | 56 N.W. 912,86 Wis. 321 |
| Parties | GARNY v. KATZ. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from superior court, Milwaukee county; R. N. Austin, Judge.
Action by Frank Garny against Jacob Katz. A verdict for plaintiff was set aside, and from an order granting a new trial plaintiff appeals. Reversed.Rose & Woolcock, for appellant.
Winkler, Flanders, Smith, Bottum & Vilas, for respondent.
The jury returned a verdict in favor of the plaintiff of $560.08. Afterwards, and at the same term of the court, the defendant moved for a new trial on the minutes of the court, and the motion was granted without any reasons stated therefor, and without terms. When no reasons are given for granting a new trial after a verdict, the presumption is that it was granted on the ground that the verdict was against the weight of evidence, and in such case the court should impose the terms of the payment of the taxable costs of the former trial. Pound v. Roan, 45 Wis. 129;Smith v. Lander, 48 Wis. 587, 4 N. W. Rep. 767;Schraer v. Stefan, 80 Wis. 653, 50 N. W. Rep. 778. The order appealed from is therefore erroneous. The order was no abuse of discretion, but a mere omission of the terms. The order of the superior court is reversed, and the cause remanded, with direction to grant a new trial in the case upon the terms of the payment of the taxable costs of the former trial.
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Godfrey v. Godfrey
...perverse verdict is not necessarily contrary to all the evidence. It may be tainted by prejudice or mistake only. Next came Garny v. Katz, 86 Wis. 321, 56 N. W. 912. No reason for granting the new trial was stated in the order and no terms were imposed. In addition to supporting the rule as......
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Wolfe v. Ridley
... ... (Godfrey ... v. Godfrey, 127 Wis. 47, 106 N.W. 814; Mills v ... Conley, 110 Wis. 525, 86 N.W. 203; Garny v ... Katz, 86 Wis. 321, 56 N.W. 912; 7 Am. & Eng. Ann. Cases, ... 176, and notes.) ... G. H ... Martin, for Respondent ... ...
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Frost v. Meyer
...as a condition and the following cases are cited in support of this contention: Schraer v. Stefan, 80 Wis. 653, 50 N. W. 778;Garny v. Katz, 86 Wis. 321, 56 N. W. 912;Cameron v. Mount, 86 Wis. 477, 56 N. W. 1094, 22 L. R. A. 512. It is true that the above cases cited appear to support the co......
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Wilson v. City of Eau Claire
...against the weight of evidence. It is an error for which the order must be reversed. Schraer v. Stefan, 80 653, 50 N. W. 778;Garny v. Katz, 86 Wis. 321, 56 N. W. 912;Cameron v. Mount, 86 Wis. 477, 56 N. W. 1094. The order of the circuit court is reversed, and the cause remanded, with direct......