Dykeman v. Budd
Wisconsin Supreme Court
This was a writ of common law^certiorari directed to the judge of the Circuit Court of Rock county, requiring him to certify’certain proceedings before him, wherein it was alleged certain errors had been committed in relation to the taxation of costs, The petition for the writ sets forth that on the 29th day of May, A. D. 1850, Dykeman recovered a judgment for the sum of $100, against Bndd, before a justice of the peace of Rock county, from which the defendant appealed to…
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This was a writ of common law^certiorari directed to the judge of the Circuit Court of Rock county, requiring him to certify’certain proceedings before him, wherein it was alleged certain errors had been committed in relation to the taxation of costs, The petition for the writ sets forth that on the 29th day of May, A. D. 1850, Dykeman recovered a judgment for the sum of $100, against Bndd, before a justice of the peace of Rock county, from which the defendant appealed to the Rock County Court, where said cause remained until the 21st day of May, 1854 having been continued from term to term…
1Opinion of the Court
By the Court,
Smith, J.
It is with great reluct-ahce that a writ of certiorari will he granted when the question involves merely an error in the taxation of costs. But cases sometimes arise, which seem to call for a remedy of this kind, or one of equal potency. But this case involves a question other .than that of mere taxation. The statutes of this State provide for a change of venue in certain cases, as well from the Circuit Courts as from the County Courts, and we are called npon in this case, to decide whether the stipulation of the parties for a change of venue will be effectual to give…
2Cited by10 opinions
- Carpenter v. ShepardsonWisconsin Supreme Court · 1877
- Plano Manufacturing Co. v. RaseyWisconsin Supreme Court · 1887
- Goyke v. StateWisconsin Supreme Court · 1908
- Magmer v. RenkWisconsin Supreme Court · 1886
- Bullard v. KuhlWisconsin Supreme Court · 1882
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