Malone v. Roby
Wisconsin Supreme Court
APPEAL from the County Court of Dodge County. Action to recover fees for services rendered and expenses incurred by the plaintiff as referee in an action between the defendants. The facts will sufficiently appear from the opinion. The defendant Jacob W. Baby appealed from an order striking out as frivolous his general demurrer to the complaint. For the appellant it was contended, inter alia, that the party who takes up the report only is liable to the referee for his fees.
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APPEAL from the County Court of Dodge County. Action to recover fees for services rendered and expenses incurred by the plaintiff as referee in an action between the defendants. The facts will sufficiently appear from the opinion. The defendant Jacob W. Baby appealed from an order striking out as frivolous his general demurrer to the complaint. For the appellant it was contended, inter alia, that the party who takes up the report only is liable to the referee for his fees. Devlin v. Mayor, 54 IIow. Pr. 64. The stipulation in this case was made pursuant to sec. 2930, N. S., and changed nothing…
1Opinion of the CourtOetoN, J.
In a suit pending in the circuit court of the county of Dodge,. between Samuel D. Roby, defendant herein, as the plaintiff, and Jacob W. Roby, the other defendant herein, as defendant, there was an order of reference of the whole case, to hear, try, and determine, to the plaintiff, James E. Malone, as sole referee. After the appointment of said referee the parties entered into the following stipulation, or agreement: [Title of the cause.] “ It is hereby stipulated that the referee herein shall be allowed ten dollars per day, and expenses, in the trial of this action.” [Signed *461by the attorneys…
2Cases cited6 opinions
- Mark v. . City of BuffaloNew York Court of Appeals · 1881
- Diggle v. BouldenWisconsin Supreme Court · 1880
- Lerdall v. Charter Oak Life InsuranceWisconsin Supreme Court · 1881
- Bloodgood v. BloodgoodNew York Court of Common Pleas · 1880
- Fischer v. RaabNew York Court of Common Pleas · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Traylor v. RichardsonIndiana Court of Appeals · 1891