Legal Opinion

Hurlbut v. Wilcox

Wisconsin Supreme Court

Decided January 15, 1865PublishedCited by 11 opinions

CERTIORARI to a Justice of the Peace in Wauhesha County. The ground on which a reversal of the justice’s judgment in this case was sought, will sufficiently appear from the opinion.

1Opinion of the Court

By the Court,

Dixon, C. J.

The statute provides that “ the amount of costs which may be recovered by the party in whose favor judgment is given, shall not, in any case tried in a justice’s court, exceed fifteen dollars.” Laws of 1862, ch. 288, sec. 1. In this case the justice taxed $26.54 costs, and rendered judgment therefor against the plaintiff in error. In this *420be clearly exceeded bis jurisdiction, and tbe judgment as to costs must be quashed.

He likewise rendered judgment for $21 damages, of which no complaint is made. The question is whether the judgment for damages may stand, and that for…

2Cases cited6 opinions

  1. Commonwealth v. Blue-Hill Turnpike Corp.Massachusetts Supreme Judicial Court · 1809
  2. Van Bokkelin v. IngersollCourt for the Trial of Impeachments and Correction of Errors · 1830
  3. Commonwealth v. CarpenterMassachusetts Supreme Judicial Court · 1807
  4. Bronson v. MannNew York Supreme Court · 1816
  5. May v. KeepWisconsin Supreme Court · 1849

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3Cited by11 opinions

  1. Attorney General v. City of Eau ClaireWisconsin Supreme Court · 1875
  2. Rucker v. SteelmanIndiana Supreme Court · 1881
  3. Two Rivers Manufacturing Co. v. BeyerWisconsin Supreme Court · 1889
  4. State ex rel. Arthurs v. Board of County CommissionersMontana Supreme Court · 1911
  5. People ex rel. Kocourek v. City of Chicago & Schlesinger & MeyerIllinois Supreme Court · 1901

6 more not listed; retrieve them via the Exa API.

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