Wisconsin Supreme Court, 1871

Moll v. Benckler

Wisconsin Supreme Court · Decided June 15, 1871 · Dixon

28 Wis. 611

Cases that cite this one

2 later published cases cite this decision.

State ex rel. C. W. Fischer Furniture Co. v. Detling (Wis. 1938)
English v. Savage (Or. 1875)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

DixoN, C.' J.

Tbe case of Branger v. Buttrick, ante, p. 450, is decisive of tbis appeal. Tbe decision of tbe court below upon tbe first motion for a new trial was res adjudicóla, and conclusive, so that no second motion upon tbe same grounds could be entertained by that court. If tbe defendant felt aggrieved by tbe decision upon that motion, bis remedy was by *612appeal to this court from the order, or by writ of error or appeal from tbe judgment, tbe ruling of tbe court upon tbe motion having been regularly excepted to, and tbe exception embodied in tbe bill.

By the Court. — Order reversed, and cause remanded.

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