Pahl v. Komorowski
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Lawrence W. PIalsey, Circuit Judge. ' • Action on contract. Plaintiffs brought suit in the civil 'court of Milwaukee county, claiming that the defendant Owed $43.65 on account of sale of goods. Prior to the commencement of the action the defendant had sent the plaintiffs a check for $33.15, the amount which he admitted was due plaintiffs.
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Appeal from a judgment of the circuit court for Milwaukee county: Lawrence W. PIalsey, Circuit Judge. ' • Action on contract. Plaintiffs brought suit in the civil 'court of Milwaukee county, claiming that the defendant Owed $43.65 on account of sale of goods. Prior to the commencement of the action the defendant had sent the plaintiffs a check for $33.15, the amount which he admitted was due plaintiffs. Upon the filing of plaintiffs’ complaint the ^ defendant made an offer of judgment in thé sum of $33.15 and cbsts, which offer was refused'by the plaintiffs. The defendant in his answer set up…
1Opinion of the CourtRosenberry, J.
The defendant claims that the judgment appealed from is erroneous for the reason that the allowance or disallowance of costs by the civil court was a matter within the discretion of that court, and the civil court having exercised its discretion and denied the plaintiffs costs, plaintiffs are not entitled to judgment for any greater amount than $33.15.
Plaintiffs claim that, the judgment of the civil court of Milwaukee county having been reversed and the cause tried de novo in the circuit court, the matter of costs in that court was within the control of the circuit court and that the judgment…
2Cases cited3 opinions
- Erd v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1876
- Kellogg v. PierceWisconsin Supreme Court · 1884
- Kiefert v. Maple Valley Mutual Home Fire InsuranceWisconsin Supreme Court · 1914
3Cited by1 opinion
- Frank v. FrostWisconsin Supreme Court · 1919