Culver v. Hitchcock
This text of 19 Wis. 342 (Culver v. Hitchcock) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
By the Court,
In' this case the writ of error must be dismissed. It was sued out on the 30th day of August, 1864, upon a judgment on verdict entered September 1st, 1862. On the 21st of January, 1863, the plaintiff in error, defendant below, moved in that court to have the verdict set aside and a new trial granted, and prevailed upon the motion. It does not appear that the judgment has been formally vacated; but such an order would follow of course upon application in that court after setting aside the verdict and granting a new trial. The plaintiff in error cannot have both remedies. He cannot move in the court below for a new trial and obtain it, and then come here for the same purpose upon a writ of error. The order which he has already obtained upon the motion is a bar to his application upon this writ. See Second Ward Bank v. Upman, 14 Wis., 596.
"Writ dismissed.
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19 Wis. 342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/culver-v-hitchcock-wis-1865.