Colbeth v. Colbeth
Wisconsin Supreme Court
Appeal from an order of the circuit court for St. Croix county: E. W. Helks, Circuit Judge. The plaintiffs, being owners in common of three undivided fifths of certain real estate, brought suit in ejectment against the defendant Catherine F. Colbeth, a cotenant with them, and Seth Colbeth. The appellants were non-residents, but the third plaintiff, Rhoda Sheasby, was a resident of this state.
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Appeal from an order of the circuit court for St. Croix county: E. W. Helks, Circuit Judge. The plaintiffs, being owners in common of three undivided fifths of certain real estate, brought suit in ejectment against the defendant Catherine F. Colbeth, a cotenant with them, and Seth Colbeth. The appellants were non-residents, but the third plaintiff, Rhoda Sheasby, was a resident of this state. After answering, the defendants presented an affidavit asserting the nonresidence of two of the plaintiffs, and stating that it was made for the purpose of securing order for security of costs, under…
1Opinion of the CourtDodge, J.
The circuit court had discretionary power, under sec. 2942, Stats. 1898, to require the appellant plaintiffs to give security for costs. The grounds stated in the affidavit were sufficient to support the affirmative exercise of that discretion, and we are unable to say that the court did not exercise it, and exercise it properly, notwithstanding the statement of defendant in her affidavit that her purpose was to obtain security in accordance with secs. 2943 et seq. Such order for security of costs was therefore within the power of the circuit court, and not an abuse of discretion, and valid.…
2Cases cited2 opinions
- Joint School District No. 7 v. KemenWisconsin Supreme Court · 1888
- Felton v. HopkinsWisconsin Supreme Court · 1894
3Cited by3 opinions
- Sheldon v. Nick & Sons, Inc.Wisconsin Supreme Court · 1948
- Smith v. Board of Trustees of the Wisconsin Veterans' HomeWisconsin Supreme Court · 1909
- Taylor v. PowellCalifornia Court of Appeal · 1962