Dring v. Mainwaring
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Iowa county: George Clementson, Circuit Judge. This action was brought in the county court of Iowa county to restrain a town board from laying out a highway. The defendant David Walker intervened and answered the complaint. The town board did not answer, and Walker was the only contesting defendant.
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Appeal from a judgment of the circuit court for Iowa county: George Clementson, Circuit Judge. This action was brought in the county court of Iowa county to restrain a town board from laying out a highway. The defendant David Walker intervened and answered the complaint. The town board did not answer, and Walker was the only contesting defendant. The cause went to trial in the county court of Iowa county on the issue raised by Walker’s answer, resulting in a judgment in favor of the plaintiff. The court, however, declined to gran,t costs against the defendant Walker, and the plaintiff…
1Opinion of the CourtOwen, J.
The question presented is whether the circuit court for Iowa county could lawfully impose upon the defendant Walker costs which were incurred in the county court. The circuit court held that it was without jurisdiction to do so. Orslinarily this would be true, and the only question to be considered is whether the provisions of sec.2836a and sec. 2836b, Stats., change the situation. Those sections were enacted by the legislature in the furtherance of justice and to prevent the dismissal of actions where a plaintiff commenced his action -in a court having no juris*142diction thereof or where .he…
2Cases cited3 opinions
- Whitten v. DabneyCalifornia Supreme Court · 1915
- Railsback, Mitchell & Co. v. PattonNebraska Supreme Court · 1892
- Williams v. WashingtonSupreme Court of South Carolina · 1895
3Cited by6 opinions
- Shopper Advertiser, Inc. v. Wisconsin Department of RevenueWisconsin Supreme Court · 1984
- State v. JakubowskiWisconsin Supreme Court · 1973
- Whitener v. TurnbeauMissouri Court of Appeals · 1980
- Brunette v. BrunetteWisconsin Supreme Court · 1920
- Glomstead v. Chicago & North Western RailwayWisconsin Supreme Court · 1968
1 more not listed; retrieve them via the Exa API.