Legal Opinion

Cary v. Klabunde

Wisconsin Supreme Court

Decided January 10, 1961PublishedCited by 8 opinions

1Opinion of the CourtCurrie, J.

Sec. 270.49 (2), Stats., provides as follows:

“Every order granting a new trial shall specify the grounds therefor. In the absence of such specification, the order shall be deemed granted for error on the trial. No order granting a new trial in the interest of justice shall he valid or effective, unless the reasons that prompted the court to make such order are set forth in detail therein. The court may grant or deny costs to either party.” (Italics supplied.)

There is no question but that the instant order, which granted a new trial in the interest of justice, fails to comply with such statute…

2Cases cited7 opinions

  1. Lauson v. Town of Fond du LacWisconsin Supreme Court · 1909
  2. Guptill v. RoemerWisconsin Supreme Court · 1955
  3. Quady v. SicklWisconsin Supreme Court · 1952
  4. Wuesthoff v. Department of TaxationWisconsin Supreme Court · 1952
  5. Mann v. Reliable Transit Co.Wisconsin Supreme Court · 1935

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Jos. P. Jansen Co. v. Milwaukee Area District Board of Vocational, Technical & Adult EducationWisconsin Supreme Court · 1981
  2. Leatherman v. GarzaWisconsin Supreme Court · 1968
  3. Flippin v. TurlockWisconsin Supreme Court · 1964
  4. Goldenberg v. DaaneWisconsin Supreme Court · 1961
  5. Tuschel v. HaaschWisconsin Supreme Court · 1970

3 more not listed; retrieve them via the Exa API.

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