Legal Opinion

Johnson v. Curtis

Wisconsin Supreme Court

Decided March 24, 1881PublishedCited by 5 opinions

APPEAL from the County Court of MiT/wcmhee County. The plaintiff obtained a judgment in justice’s court against the defendant for $35.60, including costs. When the cause •was reached for trial on appeal, June 4, 1880, the plaintiff discontinued his action, and judgment of nonsuit was ordered, with costs, against the plaintiff.

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APPEAL from the County Court of MiT/wcmhee County. The plaintiff obtained a judgment in justice’s court against the defendant for $35.60, including costs. When the cause •was reached for trial on appeal, June 4, 1880, the plaintiff discontinued his action, and judgment of nonsuit was ordered, with costs, against the plaintiff. July 9, 1880, the attorney for the defendant caused a notice to be left in the office of J. E. McMullen, attorney of record for the plaintiff at the time, with a person then in charge of said office, who was informed of the contents of said notice. The notice was…

1Opinion of the CourtCassoday, J.

All bills of costs and disbursements to be taxed in any action or proceeding are required to be itemized and made out in a plain and legible manner, and notice of the time and place of such taxation is required to be given at least *597three days prior to taxing the same; and the notice so given must be accompanied with a copy of the proposed bill. Section 1, Rule 33 of the circuit court. Here the notice given was not accompanied with a copy of the proposed bill of costs or disbursements to be taxed, itemized or otherwise. The failure to serve any such proposed bill was in direct violation of the…

2Cases cited7 opinions

  1. Cord v. SouthwellWisconsin Supreme Court · 1862
  2. American Button-Hole, Overseaming & Sewing Machine Co. v. GurneeWisconsin Supreme Court · 1875
  3. Ernst v. SteamerWisconsin Supreme Court · 1869
  4. Sayles v. DavisWisconsin Supreme Court · 1866
  5. Matteson v. SmithWisconsin Supreme Court · 1875

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

3Cited by5 opinions

  1. Hoey v. PierronWisconsin Supreme Court · 1886
  2. In re WillWisconsin Supreme Court · 1881
  3. Cleveland v. HopkinsWisconsin Supreme Court · 1882
  4. Selz v. First National Bank of Fort AtkinsonWisconsin Supreme Court · 1884
  5. Ross v. HeathcockWisconsin Supreme Court · 1883

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