158 Wis. 662 | Wis. | 1914
Lead Opinion
On the former appeal of this case by the defendant Lederer, the present defendant, DeWolf, appeared as respondent. Lederer appealed from the order of the circuit court granting a new trial in the action on the motions of the plaintiff, Smith, and this appellant, DeWolf. The verdict rendered by the jury exonerated Lederer from all liability to the plaintiff and found DeWolf guilty of actionable negligence. The plaintiff was entitled to judgment on the verdict rendered against DeWolf. Lederer assailed the order of the trial court granting a new trial on the hearing before this court. D'eWolf appeared as respondent on that hearing and claimed, as he had in the circuit court, that the
The record discloses that the questions now raised in this court on the merits of appellant’s exception to the rulings of the trial court are the same that were presented by him on the former appeal of Lederer, and that counsel then in substance presented all of the arguments and reasons now urged upon the court in support thereof. We have however deemed it appropriate to look into the record, in the light of appellant’s asseverations, for the purpose of ascertaining whether or not this court did an injustice to appellant in directing the trial, court to enter judgment against him for the amount of the damages found, with costs. A painstaking review of the record presented by the appellant in support of his exceptions has convinced us that this court’s direction to the trial .court to enter judgment against him on the verdict was fully justified, for the reason that appellant’s contention that the trial court erred in holding that the plaintiff had established a good cause of action against him is not sustained. The complaint alleges a good cause of action and the evidence abundantly sustains the findings of the jury.
The trial court properly held that the mandate of this court is conclusive upon the parties and that final judgment had to be entered accordingly.
By the Court. — Judgment affirmed.
Dissenting Opinion
(dissenting in part). When this case was here originally I did not agree with the majority of the court and entered my dissent. Smith v. Lederer, 157 Wis. 479, 146 N. W. 888. Afterwards on motion for rehearing and