297 N.W. 382 | Wis. | 1941
This action, brought by Floyd L. Litzen against Alfred Eggert and others was one of four actions which had been consolidated for trial and were involved on an appeal from an order granting a new trial after a trial on the merits and the return of a special verdict. On that appeal the order granting the new trial was reversed in each case and the causes remanded with directions to enter judgment upon the verdict as rendered. Anderson v. Eggert,
The first and the second errors assigned by appellant on this appeal are in relation to rulings during the course of the trial as to which Litzen could have had a review if he had noticed a motion for that purpose or taken a cross-appeal on the first appeal, instead of seeking then, as he did, to have this court affirm the order granting the new trial. Upon the determination of that appeal by the mandate reversing the order granting the new trial in each case and directing the entry of judgment upon the verdict as rendered, there was no longer open for consideration by the trial court any other question presented by the record which could have been litigated upon that appeal. Tomberlin v. Chicago, St. P., M. O. R. Co.
By the Court. — Appeal dismissed.
A motion for a rehearing was denied, with $25 costs, on June 12, 1941. *124