Ballou v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
This is a motion by respondent to dismiss the appeal for the alleged reasons, that, (1) the judgment has not been perfected by a proper taxation and insertion therein of the costs; and (2) the appeal is double. The notice of appeal specifies that it is from “ the judgment entered in the action, from the whole and every part thereof, and from the whole and every part of the order of the court nonsuiting the plaintiff and dismissing the said action.”
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This is a motion by respondent to dismiss the appeal for the alleged reasons, that, (1) the judgment has not been perfected by a proper taxation and insertion therein of the costs; and (2) the appeal is double. The notice of appeal specifies that it is from “ the judgment entered in the action, from the whole and every part thereof, and from the whole and every part of the order of the court nonsuiting the plaintiff and dismissing the said action.” The action was tried, and a compulsory nonsuit ordered, April 29, 1881. The plaintiff desiring to appeal, her attorney afterwards requested the…
1Opinion of the CourtLyon, J.
1. The only power of the elerk of the court to tax and adjust eosts is that conferred upon him by statute. Section 2927, R. S., authorizes the elerk to tax the costs and insert the amount thereof in the entry of judgment, on the application of the prevailing party. We find no statute which authorizes him to do so on the application of the party against, whom the judgment goes. We are clearly of the opinion that in this case the learned attorney for the plaintiff has-mistaken his remedy. We understand the correct practice in such cases is, that if the prevailing party neglects to perfect his…
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