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Garny v. Katz

Garny v. Katz, 56 N.W. 912 (Wis. 1893)
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Court
Wisconsin Supreme Court · State Highest Courts
Decided
November 7, 1893
Judges
Obtok
Citations
56 N.W. 91286 Wis. 3211893 Wisc. LEXIS 169
Headnotes
New trial: Terms. Where no reasons for granting a new trial are stated in the order,-iff1 should impose as terms the payment of the taxable costs of the ■■ former trial.
Summary
APPEAL from the Superior Court of Milwaukee County. Action to recover the sum of $500, with interest, alleged to be due the plaintiff for services performed by him as a real estate broker in securing for defendant certain, land.. The appeal is from an order granting a new trial after a verdict for plaintiff.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Obtok

Text extracted by OCR from a scanned original; check the original for exact wording.

Obtok, J.

The jury returned a verdict in favor of the plaintiff for $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 ; Schraer v. Stefan, 80 Wis. 653 . The order appealed from is therefore erroneous. The order was no abuse of discretion, but a mere omission of the terms.

By the Cotort.— 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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1894: 11898: 11901: 11902: 11906: 11908: 118942026peak 1894 · 1

Relies on it most ⓘ

  1. Giese v. Milwaukee Electric Railway & Light Co.92 N.W. 356 (Wis. 1902)
  2. Godfrey v. Godfrey106 N.W. 814 (Wis. 1906) · Dissent
  3. Frost v. Meyer118 N.W. 811 (Wis. 1908)
  4. Mills v. Conley86 N.W. 203 (Wis. 1901)
  5. Becker v. Holm75 N.W. 999 (Wis. 1898)
  6. Wilson v. City of Eau Claire61 N.W. 290 (Wis. 1894)

Most recent

  1. Frost v. Meyer118 N.W. 811 (Wis. 1908)
  2. Godfrey v. Godfrey106 N.W. 814 (Wis. 1906) · Dissent
  3. Giese v. Milwaukee Electric Railway & Light Co.92 N.W. 356 (Wis. 1902)
  4. Mills v. Conley86 N.W. 203 (Wis. 1901)
  5. Becker v. Holm75 N.W. 999 (Wis. 1898)
  6. Wilson v. City of Eau Claire61 N.W. 290 (Wis. 1894)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Smith v. Lander, 4 N.W. 767 (Wis. 1880) 15
Pound v. Roan, 45 Wis. 129 (1878) 14
Schraer v. Stefan, 50 N.W. 778 (Wis. 1891) 14

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