Norwegian Evangelical Lutheran Church v. Thorson
Wisconsin Supreme Court
APPEAL from the Circuit Court, for Dane County. This suit was commenced in a justice’s court, where plaintiff appealed from a judgment in its favor for fifty cents, damages, and the costs; and having had a new trial in the circuit court, under sec. 217, ch. 120, R. S., obtained a judgment for the same amount of damages, with the costs at the circuit court as well as before the justice.
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APPEAL from the Circuit Court, for Dane County. This suit was commenced in a justice’s court, where plaintiff appealed from a judgment in its favor for fifty cents, damages, and the costs; and having had a new trial in the circuit court, under sec. 217, ch. 120, R. S., obtained a judgment for the same amount of damages, with the costs at the circuit court as well as before the justice. The defendant appealed from the judgment. relied on secs. 52, 56, ch. 133, R. S., and Smithbech vs. Larsen, 18 Wis., 183.
1Opinion of the CourtColb, J.
This case comes fully within the reasoning and principle of the decision in Smithbeck vs. Larsen, 18 Wis., 183. It is there stated that the language “ successful party,” as used in section 56, chap. 133, R. S., must be understood to mean the party who finally obtains judgment on appeal, without reference to the question whether such judgment is greater or less than the one recovered before the justice. It is claimed that this case is distinguishable from that of Smithbeck vs. Larsen, because here the plaintiff appealed, while the damages recovered in the circuit court were no greater than the…
2Cases cited1 opinion
- Smithbeck v. LarsonWisconsin Supreme Court · 1864