Alberts v. Rzepiejewski

18 Wis.2d 252 (1962)

ALBERTS, Respondent,

v.

RZEPIEJEWSKI and another, Appellants.[*]

Supreme Court of Wisconsin.

November 1, 1962.

November 27, 1962.

For the appellants there were briefs and oral argument by Walter L. Merten of Milwaukee.

For the respondent there was a brief and oral argument by Francis X. Krembs of Milwaukee.

CURRIE, J.

We will confine this opinion to resolving these two issues:(1) In view of the sixty-day limitation of sec. 270.49 (1), Stats., did the trial court exceed its power of review under sec. 269.46 (3) in granting a new trial in the interest of justice more than sixty days…