Joint School District No. 7 v. Kemen
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kenosha County. Action to recover the possession of a school-house and fixtures. The cause was before this court on former appeals, reported in 65 Wis. 282, and 68 Wis. 216. This appeal is from a judgment dismissing the complaint, wñth costs, for the failure of the plaintiff to file security for costs as required by the trial court.
1Opinion of the CourtCole, C. J.
The counsel for the appellant insists that the circuit court had no power to require the plaintiff to give security for costs. But this is a mistake. Sec. 2942, R. S., confers ample authority upon the court for that purpose. The same counsel further says that this provision does not apply, because the court ordered security for costs to.be given at the. request or on the motion of the defendants. We suppose that, generally, security is ordered to be given on the application of the defendant. The court does not usually require it of its own motion. The order wa,s a discretionary one, and we…
2Cited by5 opinions
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