Candee v. Ogilvie

Bosworth, J.,

(with the concurrence of the other Justices,) held, as above stated. He held, that $12 could be allowed under sub. 1 of section 307, in those actions only, in which an application for judgment, when a defendant fails to answer, must be made to the court. In all others, only $7 can be allowed whether an answer or demurrer is, or is not, interposed.

That the plaintiff could have obtained a judgment without noticing the action for trial or placing it on the calendar. And having, in fact, obtained a judgment, on a motion made to a Judge out of court, under section 247 of the Code, he…