Legal Opinion

Sherible v. Janish

Wisconsin Supreme Court

Decided May 15, 1861PublishedCited by 1 opinion

EKROBi to the Circuit Court for Ozaulcee County. The case is stated in the opinion of the court. contended tbat this was an action, in its nature, of wbicb a justice of tbe peace bad jurisdiction; tbat sec. 10 of cbap. 120, R. S., wbicb denies jurisdiction to justices, of certain actions, does so in reference to tbe nature of tbe actions, rather than to tbe ámount tbat maybe claimed; and that' subdivision 3 of section 38 of cbap. 133, applies to tbe actions only wbicb. are…

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EKROBi to the Circuit Court for Ozaulcee County. The case is stated in the opinion of the court. contended tbat this was an action, in its nature, of wbicb a justice of tbe peace bad jurisdiction; tbat sec. 10 of cbap. 120, R. S., wbicb denies jurisdiction to justices, of certain actions, does so in reference to tbe nature of tbe actions, rather than to tbe ámount tbat maybe claimed; and that' subdivision 3 of section 38 of cbap. 133, applies to tbe actions only wbicb. are referred to in sec. 10, cbap. 120; tbat tbis was an action for tbe recovery of money only; and tbat tbe plaintiff, having…

1Opinion of the Court

By the Court,

Cole J.

■ Tbe judgment in tbis case was in favor of tbe defendant in error, for $13 50 damages, and for $44 27 costs of suit. Tbe action was for trespass for injuries committed on tbe wife of tbe defendant in error. Tbe amount of damages claimed was five hundred dollars. Tbe only question is as to the amount of costs tbe prevailing party was entitled to recover. On tbe one hand, it is insisted tbat be was entitled to recover full costs; while on tbe other, it is claimed tbat be was entitled to no costs, but that tbe plaintiff in error should have bad costs. We do not think either…

2Cases cited1 opinion

  1. Dunning v. FaulknerWisconsin Supreme Court · 1860

3Cited by1 opinion

  1. Schœffel v. HinzeWisconsin Supreme Court · 1879

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