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MOLDENHAUER v. FASCHINGBAUER

25 Wis.2d 475 (1964)

MOLDENHAUER, Appellant, v. FASCHINGBAUER, by Guardian ad litem, Respondent.

Supreme Court of Wisconsin.

November 24, 1964.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Robert R. Gavic of Spring Valley.

For the respondent there was a brief by Wickham, Borgelt, Skogstad & Powell, attorneys, and Arthur Wickham of counsel, and oral argument by Thomas N. Klug, all of Milwaukee.

HEFFERNAN, J.

The trial judge saw fit to order a new trial in the interests of justice. The authority of the trial court to do so is set forth in sec. 270.49 (2), Stats. The statute requires that when a new trial is ordered on this ground, the judge shall set forth his reasons in detail.

"Every order granting a new trial shall specify the grounds therefor. In the absence of such specification, the order shall be deemed granted for error on the trial. No order...

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