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GUPTILL v. ROEMER

269 Wis. 12 (1955)

GUPTILL and another, Plaintiffs and Appellants, vs. ROEMER and another, Defendants and Respondents: IOWA NATIONAL MUTUAL INSURANCE COMPANY, Impleaded Defendant and Appellant.

Supreme Court of Wisconsin.

February 8, 1955.

Attorney(s) appearing for the Case

For the appellants there was a brief by Benton, Bosser, Fulton, Menn & Nehs of Appleton, and oral argument by David L. Fulton.

For the impleaded appellant there was a brief by Everson, Ryan, Whitney & O'Melia of Green Bay, and oral argument by John C. Whitney.

For the respondents there was a brief by O'Leary, Joyce & Remley of Neenah, for the Travelers Indemnity Company, and by Ray J. Fink of Menasha, for Lawrence Roemer, and oral argument by Mr. John W. O'Leary and Mr. Fink.

CURRIE, J.

There are two issues presented on this appeal, viz.:

(1) Was the order for a new trial timely made within the provisions of sec. 270.49 (1), Stats., and,

(2) Was there an abuse of discretion on the part of the trial court ordering a new trial in the interest of justice?

The verdict was returned on March 19, 1954, and on May 10, 1954, the learned trial judge filed in the office of the clerk of court his written decision on motions...

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