Barnes v. Merrick

A motion for a new trial is addressed to the discretion of the Gourt, and this court will not interfere by reversing the judgment, unless there has been a gross abuse of that discretion on the part of the court below.

APPEAL PROM THE RACINE CIRCUIT COURT. 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. Upon trial of the cause in the Circuit Court, the plaintiff again recovered, and the defendant moved a new trial, principally upon the ground of surprise — that three certain witnesses named in his affidavit, testified differently from what he had supposed they would, and at variance with the fact — which motion, upon argument, the Circuit Court overruled, and from this order overruling the motion for a new trial, the defendant appealed to this court.