Burbach v. Milwaukee Electric Railway & Light Co.
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. Action for personal injuries, in which, the jury found plaintiff guilty of contributory negligence.
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Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. Action for personal injuries, in which, the jury found plaintiff guilty of contributory negligence. Upon such verdict, on motion for defendant, order for judgment was made directing judgment for costs against the plaintiff, Peter Bur-bach, and ordering “that said judgment may be collected of said guardian ad litem, Charles Mueller, and execution thereon may issue against the said Charles Mueller.” Thereafter, and before judgment, upon plaintiff's motion, the court modified such order “by vacating, setting…
1Opinion of the CourtDodge, J.
Since 1849, at least, it has been the declared legislative policy of the state that one who, as next friend or guardian ad litem, lends himself to' the bringing of a suit by an infant plaintiff, shall be .responsible for any costs adjudged against such plaintiff. Sec. 29, ch. 90, R. S. 1849, was adopted directly from Hew York, where it had been enacted in 1829, and declared this policy. In 1856, in the adoption of the Code also from ETew York, was enacted sec. 226, ch. 120, Laws of 1856, identical in words with our present sec. 2931, Stats. 1898, preserving the declaration :that such guardian…
2Cases cited12 opinions
- In Re DebsSupreme Court of the United States · 1895
- Eilenbecker v. District Court of Plymouth CountySupreme Court of the United States · 1890
- Richardson v. TysonWisconsin Supreme Court · 1901
- McGillivray v. Joint School District No. 1Wisconsin Supreme Court · 1901
- In re MeggettWisconsin Supreme Court · 1900
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3Cited by1 opinion
- State v. WiebkeSupreme Court of Minnesota · 1922