Weiskirch v. Lux

*465The opinion of the court was delivered by

Wedell, J.:

This was an action to recover from the maker of a promissory note. Plaintiff prevailed, and the court granted a new trial on the motion of the defendant. Plaintiff has appealed from the order granting a new trial generally and from an order overruling his subsequent motion to limit the new trial to one particular defense.

In order to keep appellant and appellee clearly distinguished it will be helpful to remember that although plaintiff obtained a verdict in his favor, he is nevertheless the appellant.

The defendant, appellee, insists the…