Kellogg v. Pierce
Wisconsin Supreme Court
APPEAL from the Circuit Court for Walworth County. The case is thus stated by Mr. Justice Cassodat: “This action was commenced in justice’s court, February 13, 1880. The complaint was upon a written contract on which the plaintiff claimed §166.15. February 21, 1880, defendant answered and alleged by way of offset a large number of items of account and charges against the plaintiff, and at the same time offered in writing to permit the plaintiff to take judgment against him…
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APPEAL from the Circuit Court for Walworth County. The case is thus stated by Mr. Justice Cassodat: “This action was commenced in justice’s court, February 13, 1880. The complaint was upon a written contract on which the plaintiff claimed §166.15. February 21, 1880, defendant answered and alleged by way of offset a large number of items of account and charges against the plaintiff, and at the same time offered in writing to permit the plaintiff to take judgment against him for $80 damages and costs. The plaintiff refused to accept the offer, and on the trial obtained judgment for $146.81…
1Opinion of the CourtCassoday, J.
It is very evident that the circuit court determined the question of costs against the defendant on the theory that the statute was the same as when Erd v. C. & W. W. R'y Co., 41 Wis., 65, was decided in 1876. Accordingly it was held that, because the plaintiff recovered as damages a greater sum than the amount offered, he was entitled to full costs. But immediately after- that decision, and apparently in consequence of it, the statute was changed in that regard to substantially what it now is. Ch. 285, Laws of 1877; secs. 3627, 3628, R. S. Since that change in the statute a refusal by the…
2Cases cited1 opinion
- Erd v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1876
3Cited by4 opinions
- Sanborn-Cutting Co. v. ButlerOregon Supreme Court · 1919
- Pahl v. KomorowskiWisconsin Supreme Court · 1919
- Williams v. ReadyWisconsin Supreme Court · 1888
- Sanborn-Cutting Co. v. ButlerOregon Supreme Court · 1919