Mr. Justice Blatchford, after stating the case as above reported, delivered the opinion of the court. (1) When the trial took place, in December, 1885, the following provision of the state statute was in force in Wisconsin, (Eev.Stat. of Wisconsin, 1878, 760, § 2858, title 25, 0. 128:) “ The . court, in its discretion, may, and when either party, at or before…
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