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ALEXANDER v. MEYERS

261 Wis. 384 (1952)

ALEXANDER, Appellant, vs. MEYERS and another, Respondents.

Supreme Court of Wisconsin.

April 8, 1952.

Attorney(s) appearing for the Case

Vaughn S. Conway and Kenneth H. Conway, both of Baraboo, for the appellant.

For the respondents there was a brief by Hill, Dithmar & Greenhalgh of Baraboo, and oral argument by R. L. Greenhalgh.

BROWN, J.

"`It is well settled in this state that a new trial granted in the interest of justice is a highly discretionary order, and that, while it is not beyond the power of this court to review it, in order to reverse it must clearly appear that there was an abuse of judicial discretion.'" Kies v. Hopper (1945), 247 Wis. 208, 211, 19 N.W.2d 167, and cases there cited.

". . . No order granting a new trial in the interest of justice shall be valid...

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