Detling v. Weber
Wisconsin Supreme Court
APPEAL from the Circuit Court for Washington County. On appeal from a justice’s judgment in favor of the plaintiff, for sixty cents damages and $20.16 costs (the items of which are stated in the return of the justice), the circuit court modified the judgment by striking out certain items and parts of items of costs taxed against the defendant, and affirmed it as to the damages and the balance of the costs; and the defendant appeals to this court.
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APPEAL from the Circuit Court for Washington County. On appeal from a justice’s judgment in favor of the plaintiff, for sixty cents damages and $20.16 costs (the items of which are stated in the return of the justice), the circuit court modified the judgment by striking out certain items and parts of items of costs taxed against the defendant, and affirmed it as to the damages and the balance of the costs; and the defendant appeals to this court. An appeal from a justice's judgment for less than $15 exclusive of costs is a substitute for the review by certiorari under the old practice, and…
1Opinion of the CourtDixon, C. J.
The only question in this case is, whether, on an appeal to the circuit court from the judgment of a justice of the peace rendered for a sum less than fifteen dollars, and where no new trial is sought or can be had in the circuit court, that court can reverse the judgment for costs in part and affirm *561it as to the residue, au excess in the justice’s taxation oi costs being the only error complained of. The circuit court did so in this case; and from such judgment the defendant, who was the appellant below, appeals to this court. I think,.under the practice as well settled by the decisions of…
2Cases cited5 opinions
- Cook v. BarrettWisconsin Supreme Court · 1862
- Martineau v. SteeleWisconsin Supreme Court · 1861
- Davis v. JuddWisconsin Supreme Court · 1860
- Dykens v. MunsonWisconsin Supreme Court · 1853
- Mock v. ErdmannWisconsin Supreme Court · 1871
3Cited by2 opinions
- Norden v. JonesWisconsin Supreme Court · 1873
- Kleinsteuber v. SchumacherWisconsin Supreme Court · 1874