Varrell v. Church
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. In an action by Varrell against Church, in justice’s court, the plaintiff had judgment for three dollars damages, and $64.98 costs, including in the latter $18.09 for fees of defendant’s witnesses, and $16.14 for fees of plaintiff’s witnesses.
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APPEAL from the Circuit Court for Grant County. In an action by Varrell against Church, in justice’s court, the plaintiff had judgment for three dollars damages, and $64.98 costs, including in the latter $18.09 for fees of defendant’s witnesses, and $16.14 for fees of plaintiff’s witnesses. The cause being taken to the circuit court on a common law writ of cer-tiorari, that court affirmed the judgment as to damages, and as to plaintiff’s costs, but reversed it as to that part which allowed as costs the amount of defendant’s witness fees. From this judgment the defendant appealed. argued that…
1Opinion of the CourtRyan, C. J.
This case was not argued for the respondent *320The brief of the appellant proceeds upon the assumption that the same rule of decision must prevail upon the common law certiorari in this case, as upon an appeal; and relies on Carney v. Doyle, 14 Wis., 270; Mock v. Erdmann, 28 id., 113; and Detling v. Weber, 29 id., 5 59.
We think that this is a mistaken view of the case. We know of no case in which it has been held that the statutory rule of decision upheld by those cases on appeals within sec. 218, ch. 120, R. S., is the rule on a common law certiorari.
We have no means of knowing what was the…
2Cases cited4 opinions
- Stokes v. KnarrWisconsin Supreme Court · 1860
- Carney v. DoyleWisconsin Supreme Court · 1861
- Dykens v. MunsonWisconsin Supreme Court · 1853
- Tallmadge v. PotterWisconsin Supreme Court · 1860
3Cited by10 opinions
- Smith v. BahrWisconsin Supreme Court · 1885
- Cassidy v. MillerickWisconsin Supreme Court · 1881
- Barnes v. SchmitzWisconsin Supreme Court · 1878
- Krueger v. ConeWisconsin Supreme Court · 1900
- Paulsen v. IngersollWisconsin Supreme Court · 1885
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