Kiggins v. MacKyol

The Wisconsin legislature has provided that “In any action or proceeding brought to the supreme court by appeal ... if it shall appear to that court from the record, that the real controversy has not been fully tried, or that it is probable that justice has for any reason miscarried, the supreme court may in its discretion reverse the judgment . . . appealed from, regardless of the question whether proper motions, objections, or exceptions appear in the record or not, and may . . . remit the case to the trial court for a new trial, ... as shall be deemed necessary to accomplish the ends of…