Bigley v. Brandau

The appellants assert that the judgment should be reversed in the interest of justice. This court does have the discretionary power to reverse a trial court judgment, direct entry of a proper judgment or remand for a new trial by virtue of sec. 251.09, Stats. The appellants’ brief does not specify whether they seek a new trial or reversal and judgment.

The rule that has been consistently followed is that this court will not exercise its discretionary power to order a new trial unless it is convinced there has been a probable miscarriage of justice and that a new trial would probably produce a…