Moldenhauer v. Faschingbauer

25 Wis.2d 475 (1964)

MOLDENHAUER, Appellant,

v.

FASCHINGBAUER, by Guardian ad litem, Respondent.[*]

Supreme Court of Wisconsin.

October 26, 1964.

November 24, 1964.

For the appellant there was a brief and oral argument by Robert R. Gavic of Spring Valley.

For the respondent there was a brief by Wickham, Borgelt, Skogstad & Powell, attorneys, and Arthur Wickham of counsel, and oral argument by Thomas N. Klug, all of Milwaukee.

HEFFERNAN, J.

The trial judge saw fit to order a new trial in the interests of justice. The authority of the trial court to do so is set forth in sec. 270.49 (2), Stats. The…