10 Wis. 440 | Wis. | 1860
By the Court,
We do not think there was any abuse of discretion on the part of the circuit court, in denying the motion made for a new trial in this case. The' grounds relied on in the motion were, substantially: 1st, That the appellant, or his counsel, depended upon the attendance of the respondent upon the trial, and was surprised by his sudden disappearance from court; and 2d, That the clerk gave testimony contrary to what was expected he would give. It is true courts sometimes grant a new trial where a party has been taken by surprise, as when a witness, who has been
The order of the circuit court denying a new trial, is affirmed, with costs.