Cihlar v. Harvey

The question of whether the trial court abused its discretion in granting a new trial is the sole issue presented.

From our review of the entire record, the brief and argument of the plaintiff are quite persuasive. However, because we have not had the benefit of a brief or oral argument from defendants, we decline to pass upon the matter on its merits but reverse under the statutory procedural rule.

Supreme Court Rule 57, sec. 251.57, Stats., provides:

“When a cause is submitted, or presented by counsel for appellant or plaintiff in error, but not by the opposing party, the judgment or order…