Ernst v. Steamer
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. The defendant moved the court below for a retaxation of the costs in this cause, basing the motion upon the records and files in the cause, and his affidavit, etc.; and appealed from an order allowing the motion as to certain items, but denying it as to the remainder of those objected to.
1Opinion of the CourtDixon, C. J.
If the order in question is appealable to this court, it must be by virtue of subdivision 2 of section 10, or the first paragraph of subdivision 4 of the same section* chapter 264, Laws of 1860. Subdivision 2 gives an appeal from a final order, affecting a substantial right in special proceedings, or upon a summary application in an action after judgment. The first paragraph of subdivision 4 gives an appeal when the order involves the merits of an action, or some part thereof. The special proceedings here spoken of are unquestionably the same mentioned and defined by the Code of Procedure.…
2Cases cited1 opinion
- Cord v. SouthwellWisconsin Supreme Court · 1862
3Cited by20 opinions
- State v. Ronald KnipferWisconsin Supreme Court · 2015
- Anderson v. EnglehartWyoming Supreme Court · 1909
- Arnold v. JoinesSupreme Court of Oklahoma · 1915
- Witter v. LyonWisconsin Supreme Court · 1874
- State v. Andre L. ScottWisconsin Supreme Court · 2018
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