Chalutz v. Wisconsin Central Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Ashland county: E. W. Helms, Judge. The plaintiff recovered judgment in the municipal court of Ashland county. The cause was appropriately carried to-the circuit court by appeal under the practice prescribed for appealing from judgments rendered in justices’ courts.
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Appeal from a judgment of the circuit court for Ashland county: E. W. Helms, Judge. The plaintiff recovered judgment in the municipal court of Ashland county. The cause was appropriately carried to-the circuit court by appeal under the practice prescribed for appealing from judgments rendered in justices’ courts. The-circumstances of the case were such under such practice that the cause became pending in the circuit court for a new trial the same as an action originally brought there. At the time stated an action was pending involving a question vital to-plaintiff’s right to recover in this…
1Opinion of the Court
Marst-talt,, J.
The ideas upon which the judgment complained of are grounded are: first, sec. 4266, Stats. (1898), allows a defendant, circumstanced as respondent was at the time it made the tender in question, to secure immunity from. *625costs by tendering tbe whole sum due upon tbe contract with legal costs of suit incurred up to tbe time thereof, such tender to be made to the plaintiff or his attorney, and, if not accepted, to plead the fact by answer in like manner as if it had been made before the commencement of the action, and paying into court the amount offered; second, costs in cases…
2Cases cited4 opinions
- Two Rivers Manufacturing Co. v. BeyerWisconsin Supreme Court · 1889
- Slack v. BrownNew York Supreme Court · 1835
- Miltimore v. HoffmanWisconsin Supreme Court · 1905
- Huebl v. ScollardWisconsin Supreme Court · 1910
3Cited by3 opinions
- Ohrmundt v. SpiegelhoffWisconsin Supreme Court · 1921
- Hoppenrath v. StateWisconsin Supreme Court · 1980
- Hoppenrath v. StateWisconsin Supreme Court · 1980