102 Wis. 246 | Wis. | 1899
The chief ground for complaint against the judgment in this action is that the verdict was against the evidence, and that the real issue in the case was obscured by the introduction of immaterial and irrelevant testimony. Unless it can be said that plaintiff was prejudiced by the introduction of improper testimony, he has no reasonable ground for complaint. There is ample evidence in the case to support the jury’s conclusion. The point is made that this question is not before us, as not being raised by the record. The bill of exceptions shows that “ plaintiff moved to set aside the verdict and grant a new trial,” which motion was denied and excepted to. No ground for the motion is stated. Sec. 2878, Stats. 1898, would seem to contemplate that the grounds of the motion must be stated, and that the record should show that it was made at the same term at which the trial is had. Without determining whether an omission to state the grounds upon which a motion for new trial is based leaves the party without remedy, or whether a failure of the record to show that the motion was made at the same term at which the trial is had would be fatal, as against the motion, we suggest that proper practice demands that both those facts should appear. In view of what was said by this court in Nisbet v. Gill, 38 Wis. 657; and Sloteman v. Thomas & W. Mfg. Co. 69 Wis. 499, the necessity of stating the grounds of such motion would seem to be manifest
By the Gowrt.— The judgment of the circuit court is affirmed.