Smith v. Lockwood
Wisconsin Supreme Court
APPEAL from tbe Crcuit Court for Dodge County. Tbe defendant Lockwood became surety for costs in an action instituted in a justice’s court by one Bruch against Smith, tbe plaintiff in this action. Bruch recovered judgment against Smith, from which the latter appealed to the circuit court, where the judgment was reversed, and judgment was rendered in favor of Smith and against Bruch for $104.97, costs of defendant as taxed.
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APPEAL from tbe Crcuit Court for Dodge County. Tbe defendant Lockwood became surety for costs in an action instituted in a justice’s court by one Bruch against Smith, tbe plaintiff in this action. Bruch recovered judgment against Smith, from which the latter appealed to the circuit court, where the judgment was reversed, and judgment was rendered in favor of Smith and against Bruch for $104.97, costs of defendant as taxed. Execution was issued against Bruch, and returned unsatisfied. Smith then notified Lockwood of all the previous proceedings, and demanded payment of the judgment, which was…
1Opinion of the CourtDixoN, C. J.
The leading question in this case is as to the extent of the liability incurred by the person becoming security for costs for the plaintiff in an action commenced before a justice of the peace. Is such person liable for the costs adjudged against tlie plaintiff on appeal from the judgment of the justice and trial de novo in the circuit court? The court below ruled that he was, and the point here is, whether such ruling was correct. The statute upon which the question arises, is sections 12 and 13, ch. 120, E. S. (2 Tay. Stats., 1355, §§ 14, 15), and reads as follows :
“Any justice of the peace…
2Cases cited8 opinions
- Goodrich v. City of MilwaukeeWisconsin Supreme Court · 1869
- Traver v. NicholsNew York Supreme Court · 1831
- Pratt v. DonovanWisconsin Supreme Court · 1860
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- Arnet v. Milwaukee Mechanics' Mutual InsuranceWisconsin Supreme Court · 1868
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3Cited by15 opinions
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- Jenkins v. GunnisonWisconsin Supreme Court · 1880
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