City of Milwaukee v. Leschke

The issue presented on this appeal is whether a defendant in a forfeiture action for violation of a municipal ordinance is entitled to costs from the plaintiff-municipality when the defendant is found not guilty of the alleged violation. Costs in the instant action were allowed in the amount of $48.60.

In proceedings for violation of municipal ordinances there is no liability for, or right to, costs in the absence of statutory authorization. It is stated in 9 McQuillin, Municipal Corporations (3d ed. rev.), p. 712, sec. 27.43, that:

“Costs are the creatures of statutes and cannot be awarded…