Smith v. Hart
Wisconsin Supreme Court
APPEAL from the Circuit Court for Oconto County. The cause was submitted for the respondent on the brief of Tracy <& Bailey.
1Opinion of the CourtOrton, J.
In this case, judgment was rendered for the relief asked in the complaint, and for costs, but the amount of costs is not taxed or inserted in the judgment.
Below, the judgment there is an order or direction by the court, that the clerk “ tax the costs, and insert the amount thereof in the judgment.” The judgment was not perfected so as to allow an appeal therefrom.
In Cord v. Southwell, 15 Wis., 211, this court held that “ costs constitute a part of the judgment,” and that the judg-mentis “ not perfected until they are ascertained and included.”
The prerequisite of “entry of judgment,” in sec.…
2Cases cited4 opinions
- Cord v. SouthwellWisconsin Supreme Court · 1862
- Bonesteel v. BonesteelWisconsin Supreme Court · 1872
- McMahon v. HarrisonNew York Court of Appeals · 1851
- McMahon v. AllenNew York Supreme Court · 1858
3Cited by9 opinions
- Ballou v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1881
- Haseltine v. SimpsonWisconsin Supreme Court · 1884
- Board of Supervisors v. PabstWisconsin Supreme Court · 1885
- Wheeler v. RussellWisconsin Supreme Court · 1896
- Andrews v. WelchWisconsin Supreme Court · 1879
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