Selz v. First National Bank of Fort Atkinson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. The case is thus stated by Mr. Justice Oassoday: “ This case was here on a former appeal. 55 Wis., 225. On that appeal the judgment in favor of the garnishee for $59.86 attorney’s fees and $7.05 clerk’s fees, making $66.91, was reversed May 10, 1882, and the remittitur was filed in the court below August 12, 1882. August 15, 1882, the plaintiffs successively served on the attorneys for the garnishee a notice of the filing…
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APPEAL from the Circuit Court for Jefferson County. The case is thus stated by Mr. Justice Oassoday: “ This case was here on a former appeal. 55 Wis., 225. On that appeal the judgment in favor of the garnishee for $59.86 attorney’s fees and $7.05 clerk’s fees, making $66.91, was reversed May 10, 1882, and the remittitur was filed in the court below August 12, 1882. August 15, 1882, the plaintiffs successively served on the attorneys for the garnishee a notice of the filing of the remittitur and a discontinuance and dismissal of the garnishee proceedings, and paid to them two dollars for…
1Opinion of the CourtOassoday, J.
The remarks of Mr. Justice Tayloe on the former appeal, as to the trial court allowing the garnishee costs on its motion to dismiss made in June, 1881, had reference to what might have been allowed on the determination of that motion and incorporated into the judgment then entered. Having failed to then obtain such allowance *248and incorporate the same into such judgment, the court was without power two years afterwards to supply the omission. Loomis v. Rice, 37 Wis., 262; Latimer v. Morrain, 43 Wis., 107; Schobacker v. Germantown F. M. Lns. Co., 59 Wis., 86, and cases there cited. Especially is…
2Cases cited7 opinions
- Schobacher v. Germantown Farmers' Mutual InsuranceWisconsin Supreme Court · 1883
- In re OrtonWisconsin Supreme Court · 1882
- Evans v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1882
- Latimer v. MorrainWisconsin Supreme Court · 1877
- In re WillWisconsin Supreme Court · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Mann v. . MannSupreme Court of North Carolina · 1918
- Williams v. HayesWisconsin Supreme Court · 1887
- Hop Bitters Manuf'g Co. v. WarnerU.S. Circuit Court for the District of Eastern Michigan · 1886
- Mann v. . MannSupreme Court of North Carolina · 1918