Legal Opinion

Elmergreen v. Kern

Wisconsin Supreme Court

Decided September 23, 1921PublishedCited by 3 opinions

Appeals from a judgment of the circuit court for Milwaukee county: Byron. B. Park, Judge. On January 11, 1921, the respondent moved to dismiss appellant’s first appeal.

1Opinion of the Court

On February 8, 1921, the motion to dismiss was granted, and the following opinion was filed February 15, 1921:

2Per curiam

The respondent moves to dismiss the first appeal taken in this action because it was taken before the cost's were taxed and inserted in the judgment. “Costs constitute a part of the judgment, and I do not think it can be deemed perfected until they are ascertained and included.” Cord v. Southwell, 15 Wis. 211; Fowler v. Metzger S. & O. Co. 131 Wis. 633, 111 N. W. 677.

A judgment is not perfected so as to be appealable unless the costs are ascertained and inserted, or until the time…

Also in this document: Dissent.

3Cases cited21 opinions

  1. Powell v. Ashland Iron & Steel Co.Wisconsin Supreme Court · 1897
  2. Muench v. HeinemannWisconsin Supreme Court · 1903
  3. Hay v. City of BarabooWisconsin Supreme Court · 1906
  4. Kercheval v. DotyWisconsin Supreme Court · 1872
  5. Slam v. Lake Superior Terminal & Transfer Railway Co.Wisconsin Supreme Court · 1913

16 more not listed; retrieve them via the Exa API.

4Cited by3 opinions

  1. Ryan v. Milwaukee Northern Railway Co.Wisconsin Supreme Court · 1925
  2. Netherton v. HoltonWisconsin Supreme Court · 1926
  3. Steele v. GormanWisconsin Supreme Court · 1924

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