ALBERTS v. RZEPIEJEWSKI


18 Wis.2d 252 (1962)

ALBERTS, Respondent, v. RZEPIEJEWSKI and another, Appellants.

Supreme Court of Wisconsin.

November 27, 1962.


Attorney(s) appearing for the Case

For the appellants there were briefs and oral argument by Walter L. Merten of Milwaukee.

For the respondent there was a brief and oral argument by Francis X. Krembs of Milwaukee.


CURRIE, J.

We will confine this opinion to resolving these two issues:

(1) In view of the sixty-day limitation of sec. 270.49 (1), Stats., did the trial court exceed its power of review under sec. 269.46 (3) in granting a new trial in the interest of justice more than sixty days after the verdict had been rendered?

(2) Should this court exercise its discretionary power under sec. 251.09, Stats., and grant...

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