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ERICKSON v. CLIFTON

265 Wis. 236 (1953)

ERICKSON, Respondent, vs. CLIFTON and another, Appellants.

Supreme Court of Wisconsin.

December 1, 1953.

Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by Frank M. Coyne of Madison.

For the respondent there was a brief by Genrich & Terwilliger of Wausau, and Hugh G. Haight of Neillsville, attorneys, and Emil A. Wakeen, Walter H. Piehler, and Neil M. Conway, all of Wausau of counsel, and oral argument by Mr. Herbert Terwilliger and Mr. Wakeen.

BROWN, J.

In granting plaintiff's motion for a new trial the learned trial judge filed a memorandum by which it is established that he bore in mind the conditions which we have said must be fulfilled before a new trial may be granted because of newly discovered evidence. These conditions, as repeated by the trial court, appear in Miller Saw-Trimmer Co. v. Cheshire (1922), 177 Wis. 354, 189 N. W. 465; reaffirmed in Mickoleski v. Becker (1948), 252 Wis...

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