Loucheine v. Strouse
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Crosse County. On the 20th of December, 1878, this court, on motion of the appellants (the defendants), dismissed the appeal, with costs against the appellants.
Read the full summary
APPEAL from the Circuit Court for La Crosse County. On the 20th of December, 1878, this court, on motion of the appellants (the defendants), dismissed the appeal, with costs against the appellants. On the 17th of January following, the respondent moved for an allowance to him of damages for his delay, in addition to interest upon his judgment, and double costs, together with costs of the motion, or, in lieu thereof, for an order reinstating the appeal and for a judgment of affirmance. R. S., 776, see. 2951.
1Opinion of the Court
Ryan, 0. J.
This motion is denied on the merits. The affidavit presented for the appellants has satisfied the court that the appeal, though not prosecuted, was taken in good faith. In such a case the court will not award extra damages or costs. N. W. M. L. Ins. Co. v. Irish, 38 Wis., 361.
But the motion has suggested to the court the necessity of providing against the dismissal, by appellants ex parte, of appeals taken in bad faith, so as to evade the statute providing for extra damages and costs upon affirmance.
And hereafter appellants will not be allowed to dismiss their appeals, except by…
2Cases cited1 opinion
- Northwestern Mutual Life Insurance v. IrishWisconsin Supreme Court · 1875
3Cited by1 opinion
- State v. LeeWisconsin Supreme Court · 1996