Jaster v. Miller

Counsel for Miller contends that since the bill of exceptions does not contain any motions made by the parties after verdict, this court may not properly review the evidence on appeal, citing Plankinton v. Gorman (1896), 93 Wis. 560, 67 N. W. 1128, and Cayouette v. Emil T. Raddant B. Co. (1908), 136 Wis. 634, 118 N. W. 204. The contention is without merit. In those cases there were no written motions and, no oral motions being preserved in the bill of exceptions, this court held it could not review the evidence because there was no showing that the proper motions had been made. Written…