Simanek v. Nemetz
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Ke-waunee county: Michael KikwaN, Circuit Judge. Tbis action was commenced in justice’s court to recover $20 damages for the wrongful conversion on September 26, 1901, of certain vegetables raised on certain premises described. After the venue had been changed, the plaintiff was-ordered to give security for costs. On his failure to do so the justice dismissed the case with costs, and entered judgment accordingly.
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Appeal from a judgment of tbe circuit court for Ke-waunee county: Michael KikwaN, Circuit Judge. Tbis action was commenced in justice’s court to recover $20 damages for the wrongful conversion on September 26, 1901, of certain vegetables raised on certain premises described. After the venue had been changed, the plaintiff was-ordered to give security for costs. On his failure to do so the justice dismissed the case with costs, and entered judgment accordingly. Thereupon the plaintiff appealed therefrom to-the circuit court. The defendant then renewed his motion to require the plaintiff to…
1Opinion of the CourtCassoday, C. J.
1. The appeal to the circuit court' gave to the respective parties the right to a trial de novo in that court. That Court was at liberty to require the plaintiff to give security for costs in case it was made to “appear reasonable and proper” for it to do so. Sec. 2942, Stats. 1898; Dorothy v. Richmond, 107 Wis. 652, 83 N. W. 768. But such appli-, cation was addressed to the sound discretion of that court, ;and this court is not at liberty to interfere with such ruling, *45except where there has been an abuse of such discretion. Cullen v. Hanisch, 114 Wis. 24, 29, 89 N. W. 900. We find no such…
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