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FLIPPIN v. TURLOCK

24 Wis.2d 49 (1964)

FLIPPIN and others, Respondents, v. TURLOCK and another, Appellants.

Supreme Court of Wisconsin.

April 28, 1964.

Attorney(s) appearing for the Case

For the appellants there was a brief by Wickham, Borgelt, Skogstad & Powell, attorneys, and Edmund W. Powell and Donald R. Peterson of counsel, all of Milwaukee, and oral argument by Mr. Peterson.

For the respondents there was a brief by Eisenberg & Kletzke, attorneys, and Edwin A. Star of counsel, all of Milwaukee, and oral argument by Mr. Star.

WILKIE, J.

The first issue that must be resolved on this appeal is whether the order for a new trial in the interests of justice entered on August 26, 1963, met the requirements of sec. 270.49 (1) and (2), Stats.,1 both as to timeliness and content.

The motion for a new trial was filed, argued, and orally decided by the trial court within sixty days of the verdict. The court's determination to grant a new trial was as it stated...

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