Seif v. Turowski

The controlling issue is whether the plaintiffs are entitled to a new trial because the verdict was inconsistent.

As stated above, the plaintiffs did within the statutory period of two months 1 make and present a motion for a new trial upon the ground that the verdict was inconsistent. The trial court did hear, but did not act upon the motion during the statutory period; the motion for a new trial was therefore deemed overruled. While this court could by virtue of sec. 270.49 (1), Stats., direct the trial court to determine the motion, we deem it advisable under the circumstances of this case…