Graf v. Gerber

Currie,'C. J.

The two issues presented by this appeal are:(1) Is the order appealed from void because not filed within two months after the rendering of the jury’s verdict?(2) If the foregoing question be answered in the affirmative, should this court exercise its discretion under sec. 251.09, Stats., to grant a new-trial in the interest of justice?

Validity of Order.

Sec. 270.49, Stats., provides that a motion after verdict, “if not decided within the time allowed therefor, shall be deemed overruled.” This statute further provides that such a motion must be made and heard within two months…