
    Moll vs. Benckler.
    
      New trial — Res acljudicata.
    
    After denying a motion for new trial, the circuit court should not, at a subsequent term, entertain a second motion of the same kind on the same grounds.
    APPEAL from tbe Circuit Court for Washington County.
    Trespass guare clausum. At tbe October term of tbe court, 1870, tbe jury, by tbe direction of tbe court, found a verdict for tbe plaintiff, assessing bis damages at six cents. Tbe defendant, at tbe same term, and before judgment rendered, moved for a new trial for errors in tbe rulings of tbe court as to tbe admission of evidence, and in giving tbe jury tbe direction aforesaid. Tbe motion was denied, and judgment rendered on tbe verdict. At tbe March term, 1871, tbe defendant moved tbe court, upon tbe bill of exceptions as settled, to set aside tbe judgment and verdict and grant a new trial, upon tbe same grounds above stated. Prom an order granting tbis motion, plaintiff appealed. *
    
      Frisby & Weil, for appellant,
    cited 15Wis., 474 ; 20 id., 265; 28 id., 692; 12 Wend., 290; Branger v. Buttrick, ante, p. 450; and to tbe point that tbe basing of tbe second motion on “ tbe bill of exceptions ” did not affect tbe rule, so long as tbe grounds of tbe motion were tbe same, tbey cited Bay v. Gonnor, 3 Edw., 478; Simpson v. Hart, 1 Johns. Ch., 93; Dodd v. Astor, 2 Barb. Ob., 395.
    
      Thorp & Frisby, for respondent.
   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 appeal 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.  