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SEIF v. TUROWSKI

No. 127.

49 Wis.2d 15 (1970)

181 N.W.2d 388

SEIF and wife, Appellants, v. TUROWSKI and another, Respondents.

Supreme Court of Wisconsin.

Decided December 1, 1970.

Attorney(s) appearing for the Case

For the appellants there was a brief by Esler & Esler of Kaukauna, and oral argument by John E. Esler.

For the respondents there was a brief by Fulton, Menn & Nehs, attorneys, and Peter S. Nelson of counsel, all of Appleton, and oral argument by Mr. Nelson.

BEILFUSS, J.

The controlling issue is whether the plaintiffs are entitled to a new trial because the verdict was inconsistent.

As stated above, the plaintiffs did within the statutory period of two months1 make and present a motion for a new trial upon the ground that the verdict was inconsistent. The trial court did hear, but did not act upon the motion during the statutory period; the motion for a new trial was therefore deemed...

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