Perkins v. Davis
Wisconsin Supreme Court
These three cases come up by appeal from the circuit court for Milwaukee county. The actions were brought to foreclose mortgages, executed by Davis fy Moore and their wives to the respondents.
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These three cases come up by appeal from the circuit court for Milwaukee county. The actions were brought to foreclose mortgages, executed by Davis fy Moore and their wives to the respondents. The judgments are in the usual form of judgments of foreclosure, providing for the payment of the amount of the costs “ adjudged to the plaintiff,” and among the costs so adjudged, are the clerk’s foes, and which in the two Perkins suits amount to $12.35 in each case,' and in the Channing case to $12.25.
1Opinion of the Court
By the Court,
Dixon, C. J.
Cord vs. Southwell, 15 Wis., 211 and Hitchcock vs. Merrick, 15 Wis., 522, are decisive of these appeals. They are from final judgments, and the only question is upon the taxation of the clerk’s costs. The costs exceed the limit fixed by statute, and the taxation is said to have been without notice. It was irregular in both respects; but as the defendant did not move in the court below to set asided the taxation and bring the cases here upon proper exceptions, the judgments must be affirmed.
Ordered accordingly.
2Cases cited2 opinions
- Cord v. SouthwellWisconsin Supreme Court · 1862
- Hitchcock v. MerrickWisconsin Supreme Court · 1862
3Cited by4 opinions
- Jones v. Broadway Roller Rink Co.Wisconsin Supreme Court · 1908
- Lauterbach v. NetzoWisconsin Supreme Court · 1901
- Feske v. AdamWisconsin Supreme Court · 1907
- Fowler v. Metzger Seed & Oil Co.Wisconsin Supreme Court · 1907