Ross v. Heathcock
Wisconsin Supreme Court
APPEALS from the Circuit Court for Iowa County. The case is thus stated by Mr. Justice Cassoday: “ This case was here upon a former appeal from a judgment on the merits entered in the circuit court for Iowa county. 52 Wis., 55Y. On that appeal the judgment was reversed, and the cause-was remanded with directions to dismiss the complaint.
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APPEALS from the Circuit Court for Iowa County. The case is thus stated by Mr. Justice Cassoday: “ This case was here upon a former appeal from a judgment on the merits entered in the circuit court for Iowa county. 52 Wis., 55Y. On that appeal the judgment was reversed, and the cause-was remanded with directions to dismiss the complaint. Page 5Y1. Afterwards the remit-titm’ was filed in the court below, and thereupon and on October 5, 1881, an order and judgment was entered therein, dismissing the complaint, and it was therein ‘further ordered and adjudged that said defendants.do have and…
1Opinion of the CourtCassoday, J.
The three several orders appealed from will be considered in their order.
1. The order of July 6, 188%. There can be no question but what a circuit court has jurisdiction to review the action or non-action of its clerk in the taxation of costs. Sec. 3, Buie XXXIII, expressly gives such authority on the mere motion of the party aggrieved. The court having on motion made the order referring the same back to the clerk for retaxation, after a hearing and argument by the attorneys for the respective parties, and without any objection to such hearing having been interposed by either party, as…
2Cases cited10 opinions
- Cord v. SouthwellWisconsin Supreme Court · 1862
- Chipman v. BowmanCalifornia Supreme Court · 1859
- Johnson v. CurtisWisconsin Supreme Court · 1881
- Hlawacek v. BohmanWisconsin Supreme Court · 1881
- Lansing v. OrcottNew York Supreme Court · 1819
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3Cited by1 opinion
- Citizens State Bank v. ReadIndiana Court of Appeals · 1910