Mash v. Bloom
Wisconsin Supreme Court
Appeal from an order of the circuit court for Dane county: E. Rat Stevens, Circuit Judge. This action was brought in equity to quiet title. The defendant demurred to the complaint on the following grounds: (1) That the court had no jurisdiction of the subject matter, for the reason that plaintiff had a complete remedy at law; (2) that the complaint did not state facts sufficient to constitute a cause of action.
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Appeal from an order of the circuit court for Dane county: E. Rat Stevens, Circuit Judge. This action was brought in equity to quiet title. The defendant demurred to the complaint on the following grounds: (1) That the court had no jurisdiction of the subject matter, for the reason that plaintiff had a complete remedy at law; (2) that the complaint did not state facts sufficient to constitute a cause of action. The demurrer was overruled and the defendant permitted to answer upon payment of $10 costs. The defendant paid the costs and answered, and upon the trial amended his answer, alleging…
1Opinion of the CourtKbewiN, J.
The first and only question to be considered is whether the order is appealable. The order appealed from shows that judgment was rendered without costs. We think it very clear under the repeated decisions of this court that an order denying costs is not appealable. Ernst v. Steamer Brooklyn, 24 Wis. 616; McHugh v. C. & N. W. R. Co. 41 Wis. 79; Hoey v. Pierron, 67 Wis. 262, 30 N. W. 692; Feske v. Adam, 132 Wis. 365, 112 N. W. 456. A judgment having been rendered without costs, the question of whether the defendant was entitled to costs could only be raised by an appeal from the judgment. The…
2Cases cited7 opinions
- Cord v. SouthwellWisconsin Supreme Court · 1862
- Ernst v. SteamerWisconsin Supreme Court · 1869
- Hoey v. PierronWisconsin Supreme Court · 1886
- McHugh v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1876
- Lauterbach v. NetzoWisconsin Supreme Court · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- City of Milwaukee v. LeschkeWisconsin Supreme Court · 1973