Case v. Fuldner
Wisconsin Supreme Court
Appeal from an order of the superior court of Milwaukee county: J. C. Ludwig, Judge. Appeal from an order overruling plaintiff’s demurrer to defendants’ answer. The order awarded absolutely to defendants $10 costs. Plaintiff appeals on the single question of whether it was error to allow such costs.
1Opinion of the CourtMaRshall, J.
The question presented for decision is ruled in favor of appellant by sec. 2686, Stats. 1898. Curtis v. Moore, 15 Wis. 134; Bishop v. Aldrich, 48 Wis. 619, 623; Schoenleber v. Burkhardt, 94 Wis. 575; Schroeder v. Richardson, 101 Wis. 529; State ex rel. Rice v. Chittenden, 107 Wis. 354. The statute cited plainly indicates that special costs against a losing party, upon the decision of a demurrer, or any costs other than such as abide the final result of the action and to be taxed in the ordinary fee bill, are only admissible as terms of leave to interpose some further plea. This court has…
2Cases cited5 opinions
- Schoenleber v. BurkhardtWisconsin Supreme Court · 1896
- Curtis v. MooreWisconsin Supreme Court · 1862
- Schroeder v. RichardsonWisconsin Supreme Court · 1899
- Bishop v. AldrichWisconsin Supreme Court · 1880
- State ex rel. Rice v. ChittendenWisconsin Supreme Court · 1900
3Cited by3 opinions
- Schmidt v. Joint School District No. 4 of HermanWisconsin Supreme Court · 1911
- Walter Laev, Inc. v. KarnsWisconsin Supreme Court · 1968
- Guaranteed Investment Co. v. St. Croix Consolidated Copper Co.Wisconsin Supreme Court · 1914