Alberts v. Rzepiejewski

*256Currie, J.

We will confine this opinion to resolving these two issues:(1) In view of the sixty-day limitation of sec. 270.49 (1), Stats., did the trial court exceed its power of review under sec. 269.46 (3) in granting a new trial in the interest of justice more than sixty days after the verdict had been rendered ?(2) Should this court exercise its discretionary power under sec. 251.09, Stats., and grant a new trial in the interest of justice?

Sec. 269.46 (3), Stats. 1957, provides, “All judgments and court orders may be reviewed by the court at any time within sixty days from service of notice…