Feske v. Adam
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for-Polk county: A. J. Viatje, Circuit Judge.- Action in ejectment. The action was dismissed with costs on motion of counsel for the defendant. There was a contest before the clerk on the taxation of costs, the result being carried before the court for review, where a decision was rendered adverse to the appellant and the costs as so taxed were inserted in the judgment.
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Appeal from a judgment of the circuit court for-Polk county: A. J. Viatje, Circuit Judge.- Action in ejectment. The action was dismissed with costs on motion of counsel for the defendant. There was a contest before the clerk on the taxation of costs, the result being carried before the court for review, where a decision was rendered adverse to the appellant and the costs as so taxed were inserted in the judgment. This appeal was taken solely for the purpose of having such decision reviewed. There is no bill of exceptions. The appeal is from the order retaxing the costs as well as from the…
1Opinion of the CourtMaeshall, J.
The order retaxing the costs is not appeal-able. That is ruled by many decisions under the present appeal statute, upon the ground that it did not prevent a judgment from which an appeal might 'be taken; but independently thereof it would not be appealable because a re-taxation of costs is not a special proceeding nor a summary application after judgment, nor a matter involving the merits. Ernst v. Steamer Brooklyn, 24 Wis. 616. Such an order is only reviewable on appeal from the judgment.
The point is made that there being no bill of exceptions neither the proceedings before the clerk nor…
2Cases cited6 opinions
- Cord v. SouthwellWisconsin Supreme Court · 1862
- Ernst v. SteamerWisconsin Supreme Court · 1869
- Hoey v. PierronWisconsin Supreme Court · 1886
- State v. WertzelWisconsin Supreme Court · 1893
- Lauterbach v. NetzoWisconsin Supreme Court · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- City of Milwaukee v. LeschkeWisconsin Supreme Court · 1973
- Mash v. BloomWisconsin Supreme Court · 1907