7 Wis. 496 | Wis. | 1859
By the Court,
We do not think there was such an abuse of discretion on the part of the circuit court in granting a new trial in this case, as would authorize this court to reverse that order. It is true, the question 'before the jury was, whether the sale of the goods in controversy by Solomon & Somlander to the appellant was fraudulent and void as to their creditors, and this question of fact it was the peculiar province of the jury to determine. In the present case a great amount of testimony was introduced on that point, from which the jury were led to the conclusion that the sale was valid. The circuit court, being dissatisfied with the result, set the verdict aside, and ordered a new trial. The circuit courts have an undoubted right, and it is their duty, to grant new
The order of the circuit court granting a new trial is therefore affirmed.