Kingsley v. Great Northern Railway Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Dodge county: A. Scott Sloan, Circuit Judge. This is an appeal from an order of the circuit court for Dodge county, dismissing a motion on the part of the defendant to set aside the service of the summons in the action for want of proper service, with $10 costs to be paid by defendant to the plaintiff.
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Appeal from an order of the circuit court for Dodge county: A. Scott Sloan, Circuit Judge. This is an appeal from an order of the circuit court for Dodge county, dismissing a motion on the part of the defendant to set aside the service of the summons in the action for want of proper service, with $10 costs to be paid by defendant to the plaintiff. The return of the sheriff of Douglas county upon the summons was that December 31, 1894,. at the city of Superior in said comity, he had “ served the within summons on the within named defendant, the Great Northern Railway Company, by delivering to…
1Opinion of the CourtFinney, J.
1. The order of the circuit court imposed $10’ costs on the defendant in favor of the plaintiff, and this sum might be collected by proper process. Such an order is so far in the nature of a judgment that we have hitherto held orders erroneously made, imposing costs, appealable, which, without such imposition of costs, would not have been subject to appeal. Cleveland v. Burnham,, 60 Wis. 19, 20; Pride v. Weyenberg, 83 Wis. 59, 63; Sutton v. Wegner, 72 Wis. 294. As the appeal was taken before ch. 215, Laws of 1895, took effect, prohibiting appeals when the amount adjudged is less than $100,…
2Cases cited6 opinions
- Blackburn v. SweetWisconsin Supreme Court · 1875
- Cleveland v. BurnhamWisconsin Supreme Court · 1884
- Sutton v. WegnerWisconsin Supreme Court · 1888
- Sanderson v. Ohio Central Railroad & Coal Co.Wisconsin Supreme Court · 1884
- Allen v. LeeWisconsin Supreme Court · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Mason v. City of AshlandWisconsin Supreme Court · 1898
- Deming Investment Co. v. ElyWashington Supreme Court · 1899
- Gilbert-Arnold Land Co. v. O'HareWisconsin Supreme Court · 1896
- Read v. RouschSupreme Court of Iowa · 1920
- Berard Construction Co. v. Municipal CourtCalifornia Court of Appeal · 1975
10 more not listed; retrieve them via the Exa API.