Wisconsin Supreme Court, 1869

Kabe v. The Vessel "Eagle"

Wisconsin Supreme Court · Decided June 15, 1869 · Paihe

25 Wis. 108

Cases that cite this one

7 later published cases cite this decision.

State ex rel. C. W. Fischer Furniture Co. v. Detling (Wis. 1938)
Zohrlaut v. Mengelberg (Wis. 1914)
Moore v. Horner (Ind. 1896)
Enderlin State Bank v. Jennings (N.D. 1894)
Dick v. Williams (Wis. 1894)
Rogers v. Hœnig (Wis. 1879)
Servatius v. Pickel (Wis. 1872)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Paihe, J.

This is an appeal from an order refusing to grant a motion to set aside the judgmefit. It appears from the return that' a former motion had been made to set aside the verdict and judgment, which had also been denied. Both were founded upon the records and files in the case.

*109Without regard to the merits, the order appealed from seems to have been proper, upon the ground that the motion was barred by the former motion and the decision thereon. The first order was not made without prejudice to a new motion, nor was there any leave obtained to renew the motion. The authorities cited by the respondent fully show, that, in such a case, a second motion is properly denied, for the mere reason that it is barred by the decision on the first.

By the Qourt. —The order is affirmed, with costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.