Jarvis v. Mohr
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. This action was brought under secs. 85-87, ch. 22, Laws of 1859, by the plaintiff as grantee in a tax deed, to bar the rights of the defendants, Anton Mohr and his wife, in the land described in said deed. The complaint was drawn in conformity to section 87 of said act.
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APPEAL from the Circuit Court for Dane County. This action was brought under secs. 85-87, ch. 22, Laws of 1859, by the plaintiff as grantee in a tax deed, to bar the rights of the defendants, Anton Mohr and his wife, in the land described in said deed. The complaint was drawn in conformity to section 87 of said act. Anton Mohr answered alleging various defects in the tax proceedings ; and stated in his answer that a deposit had been made with the clerk of said court as required by sec. 88 of said act, and that he was ready to pay such portion of the costs and disbursements in said action as…
1Opinion of the Court
By the Court,
Cole, J.
We think the power attempted to be exercised by the clerk in this instance was in its nature clearly judicial. The 37th section requires the defendant, among other things, to state in his answer that he “ is ready to pay such portion of the costs and disbursements in said action as shall be adjudged just and reasonable ; ” and the next section contemplates an adjustment of the costs upon equitable principles. This language plainly shows that it was not the intention of the law to have all the costs of the suit absolutely taxed against the defendant, not even when the…
2Cited by1 opinion
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