LOOMANS v. MILWAUKEE MUT. INS. CO.


38 Wis.2d 656 (1968)

LOOMANS and another, Respondents, v. MILWAUKEE MUTUAL INSURANCE COMPANY and another, Appellants. [Case No. 178.] ECONOMY FIRE & CASUALTY COMPANY, Respondent, v. MILWAUKEE MUTUAL INSURANCE COMPANY, Appellant. [Case No. 179.]

Supreme Court of Wisconsin.

May 7, 1968.


Attorney(s) appearing for the Case

For the appellants there was a brief by Hoeffel, Coughlin & Bayorgeon of Appleton, and oral argument by James T. Bayorgeon.

For the respondents there was a brief by Patri, Nolan, Crane & Engler and Gary R. Yakes, all of Oshkosh, and oral argument by Mr. Yakes.


HALLOWS, C. J.

Did the order sufficiently set forth reasons?

Every order granting a new trial should specify the grounds therefor. The absence of such specifications does not void the order except in the case of an order granted in the interest of justice. Otherwise, if no grounds are stated for the granting of a new trial, it is deemed to be for error. Sec. 270.49 (2), Stats. This section requires an order granting a new trial in the interest of justice...

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