Durkee v. City of Janesville

Dixon, O. J.

Tins is an appeal from the taxation of costs in this court by the clerk The costs were taxed in favor of the plaintiff, Durhee, who was the prevailing party,* and against the city, in pursuance of sec. 36, ch. 264, Laws of 1860. The language of the section is general, and declares that the party prevailing in this court may have costs, taxed in his favor. It has been so decided by this court, and that the right to costs is absolute in every case brought here by writ of error or appeal. Paine v. Chase, 14 Wis., 653. It is contended, however, that the operation of this law has been…