In re Reeseville Drainage District
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Dodge county: Chestee A. Fowlee, Judge. Proceedings by tbe attorney for petitioners under tbe drainage law, after tbe dismissal of tbeir petition for insufficiency with taxable costs against them in favor of remonstrants, to have the reasonable value of his services and that of others and all liabilities incurred and expenditures made in their behalf in the proceedings, determined, and for judgment in favor of remonstrants…
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Appeal from an order of tbe circuit court for Dodge county: Chestee A. Fowlee, Judge. Proceedings by tbe attorney for petitioners under tbe drainage law, after tbe dismissal of tbeir petition for insufficiency with taxable costs against them in favor of remonstrants, to have the reasonable value of his services and that of others and all liabilities incurred and expenditures made in their behalf in the proceedings, determined, and for judgment in favor of remonstrants against them for the benefit of the several claimants, the amounts to be apportioned between such petitioners according to…
1Opinion of the CourtMaeshall, J.
Counsel for appellant does not complain of the order dismissing the drainage proceedings. Therefore respondents’ suggestion as to nonappealability of said order, and immunity of it from attack in the circuit court, will be passed as inconsequential.
Are the costs and expenses of the petitioners, and debts contracted by them in prosecuting the proceedings for establishment of the drainage district, recoverable by way of enforcing the order of dismissal ? That is the question to be decided. Its solution turns on the statute. No costs are recoverable in any judicial proceeding except as clearly…
2Cases cited1 opinion
- Neacy v. Board of SupervisorsWisconsin Supreme Court · 1910
3Cited by2 opinions
- Pfingsten v. PfingstenWisconsin Supreme Court · 1916
- In Matter of Guardianship & Estate of PAHCourt of Appeals of Wisconsin · 1983