Legal Opinion
Olson v. United States Sugar Co.
Wisconsin Supreme Court
Decided October 5, 1909PublishedCited by 1 opinion
Appeal from a judgment of the circuit court for Dane county: E. Eat Stevens, Circuit Judge. Action on contract wherein a duly verified complaint alleged a liability of $236. Judgment was recovered for only $93.92 damages. Costs were taxed in favor of plaintiff against due objection and exception by the defendant, and included in the judgment. Erom the portion of the judgment awarding costs defendant brings this appeal.
1Opinion of the CourtDodge, J.
The allowance of costs to the plaintiff is very ■clearly authorized by the words of subd. 7, sec. 2918, Stats. (1898):
“In an action on contract when a justice of the peace has jurisdiction wherein the amount claimed by the plaintiff in his complaint duly verified shall exceed the sum of two hundred dollars, but in such cases the plaintiff shall recover only such taxable costs as the court in its discretion shall allow, when the recovery shall be less than fifty dollars.”
*310This appellant concedes, hut urges that because the legislature in 1881, while said suhd. 7 was in force, enacted an…
2Cases cited2 opinions
- Montgomery v. American Central InsuranceWisconsin Supreme Court · 1900
- Field v. City of ElroyWisconsin Supreme Court · 1898
3Cited by1 opinion
- Rusch v. NoackWisconsin Supreme Court · 1931