Smithbeck v. Larson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. This was an action of trespass, brought originally in a justice’s court, where the plaintiffs obtained a judgment for $31 damages, and $15 costs. On appeal by the defendant to the circuit court, the plaintiff obtained a verdict for $4 damages. Costs were taxed by the clerk at $148.75, and judgment for that amount and the damages entered in favor of the plaintiffs.
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APPEAL from the Circuit Court for Dane County. This was an action of trespass, brought originally in a justice’s court, where the plaintiffs obtained a judgment for $31 damages, and $15 costs. On appeal by the defendant to the circuit court, the plaintiff obtained a verdict for $4 damages. Costs were taxed by the clerk at $148.75, and judgment for that amount and the damages entered in favor of the plaintiffs. The defendant moved for a retaxation of, the costs, and that the court determine at its discretion what costs should be awarded to each party. The court held that the plaintiff was…
1Opinion of the Court
By the Court,
Paine, J.
This action was first tried before a justice of the peace, where the plaintiff recovered a judgment of thirty-one dollars and costs. The defendant appealed to the circuit court, where the plaintiff recovered only four dollars damages. The question is, whether the plaintiff was entitled to full costs in that court. Section 56, chapter 133, provides that “the same costs, fees and disbursements shall be allowed to the successful party in cases of new trial on appeal in the appellate court, as on affirmance or reversal of the judgment.” The *187decision depends on the meaning of…
2Cited by3 opinions
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- Norwegian Evangelical Lutheran Church v. ThorsonWisconsin Supreme Court · 1865
- Schœffel v. HinzeWisconsin Supreme Court · 1879