Harvey v. Harvey

Six of the grounds specified in defendants’ motion relate to alleged errors committed during the trial and prior to the entry of judgment. The court’s rulings in those respects were reviewable on an appeal from the judgment, and afford no basis for an appeal from the order denying defendants’ motion after judgment. However, the seventh ground specified was on account of evidence discovered subsequent to the trial.

Prior to 1895 a provision in sec. 3069 (3), Stats., authorized an appeal from an order “when it grants or refuses *379a new trial.” The words last quoted were entirely omitted from that…