96 Wis. 445 | Wis. | 1897
The defendant seeks, on this appeal from the final judgment, to obtain a review, under R. S. sec. 3070, of the order setting aside the first verdict and granting a new trial, and a consequent reversal of the judgment rendered on the second trial as erroneous, the effect of which would probably be to restore the first verdict and entitle it to judgment thereon. Under the section referred to, upon an appeal from a judgment, the court “may review any intermediate order or determination of the court below, which involves the merits and necessarily affects the judg-mentappearing upon the record transmitted or returned from the circuit court, whether the same were excepted to or not; nor shall it be necessary in any case to take any ex cep
The defendant should have settled a bill of exceptions, making such former order, and the minutes of the court upon which it was founded, a part of the record. Eor the wrant of such bill, we are unable to notice the points assigned to show that the order granting the new trial was erroneous.
By the Court.— The judgment of the circuit court is affirmed.