227 Wis. 200 | Wis. | 1938
The defendant’s appeal from, the order which the court made on September 18, 1937, to enlarge and extend the time' for the service of a bill of exceptions by the plaintiff must be considered first. Notice of the entry of the judgment dismissing the complaint, which was entered March 30, 1937, was served on that day upon the plaintiff
On the plaintiff’s appeal from the judgment she assigns as error the denial of her motion for judgment on the verdict returned by the jury; the substitution by the court of a finding in lieu of a jury answer in the verdict; and the entry of judgment dismissing the complaint upon the verdict as changed. As there can be no determination in relation to those assignments of error without a review of the evidence, and that has not been preserved by a duly settled bill of exceptions, the judgment must be affirmed.
By the Court. — On the defendant’s appeal, the order extending the time for the service of the bill of exceptions is reversed.
On the plaintiff’s appeal, the judgment is affirmed.