Opinion

Brown v. Gaulke

  • 191 Wis. 347
  • 210 N.W. 687
  • 1926 Wisc. LEXIS 274
Court
Wisconsin Supreme Court
Filed
Nov 9, 1926
Status
Published
Author
Stevens
On the bench
Stevens
Cited by
5 cases
Authority
More cited than 88.7%

The opinion

Stevens, J.

1. Counsel concede that the order extending time to dispose of motions after verdict was null and Void because it set forth no facts showing cause for such extension within the rule stated in Borowics v. Hamann, 189 Wis. 212, 218 , 207 N. W. 426, 428 .

2. Counsel request that the court pass upon the merits of the questions raised by the motions after verdict. This cannot be done. The failure to decide the motions within the time fixed by sec. 270.49 of the Statutes resulted in a constructive denial of the motions pending at the expiration of the sixty-day period. An order denying the motion for a new trial is not appealable. The case is here upon the appeal of the plaintiff alone. The plaintiff cannot question rulings which are favorable to herself. Again, the order being a void order, the court takes jurisdiction only to reverse the order. The court cannot on an appeal *349 from a void order pass upon the merits of the questions raised by the motions after verdict. Borowicz v. Hamann, 189 Wis. 212, 220, 221 , 207 N. W. 426, 429, 430 . This conclusion is not in conflict with that reached in Kurath v. Gove Automobile Co. 149 Wis. 390, 392 , 135 N. W. 752 , in which case the appeal was from the judgment, which necessarily involved the merits of the constructive denial of the motion for a new trial.

By the Court.-r — Order reversed, and cause remanded for further proceedings according to law.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.