108 Wis. 239 | Wis. | 1900
It is insisted by the appellant that the state courts have no jurisdiction of this action, because the defendant is a vice consul of Sweden and Norway and can only be sued in the courts of the United States. The defendant was a trading consul, the action here brought is one which arises out of his business, and the principle of international law is that a trading consul is liable to the ordinary processes of
Passing to the merits of the case, the first contention made is that the verdict is contrary to the evidence. It must be sufficient to say with reference to this question that we have
It is next contended that the judgment should be reversed •on account of the erroneous admission of evidence. Upon the cross-examination of the defendant, plaint'ff’s attorney was allowed, against proper objection, to show that his (defendant’s) land and lumber business was extensive; that he ■owned considerable amounts of land in various places in this state, and was manufacturing lumber at Knox Mills. This was clearly immaterial, and, if prejudicial, might necessitate reversal of the judgment. Substantially all these facts, however, had previously appeared in the case by evidence which was properly received; hence we do not see how it ■can be said that the defendant was prejudiced.
Finally, it is contended that a new trial should have been granted on the ground of newly discovered evidence. It appeared by affidavits filed that defendant had a store at Brantwood, six miles from Clifford, during the time that ■Scott worked for him, and that one Lind was defendant’s clerk in the store, and that Scott did his trading there. Lind’s affidavit shows that Scott had a conversation with him at Clifford in July, 1898, in which Scott told him that he (Scott) was to look after the buildings in consideration of the use of a house free of rent. The plaintiff filed an affidavit denying such statement in toto. The affidavits further showed that neither the defendant nor his attorneys had ever interviewed Lind to see if he knew any facts concerning the case previous to the trial. We think common ■diligence and prudence in preparing for trial would have suggested that Lind be interviewed to ascertain what knowledge he had concerning the matter. He was in defendant’s employ, was within easy access, and had seen plaintiff frequently during his employment, and it would seem quite probable that he might have had some material conversations with the plaintiff. Such applications as this, are not
By the Gourt.— Judgment affirmed.