Flippin v. Turlock

The first issue that must be resolved on this appeal is whether the order for a new trial in the interests of justice entered on August 26, 1963, met the requirements of sec. 270.49 (1) and (2), Stats., 1 both as to timeliness and content.

The motion for a new trial was filed, argued, and orally decided by the trial court within sixty days of the verdict. The court’s determination to grant a new trial was as it stated, “consistent with the principles of justice.” Yet the court’s formal order for the new trial was not entered until August 26, 1963, and it did not set forth in itself the…