Dowling v. Lancashire Ins. Co.

• Citation: 72 N.W. 229,97 Wis. 50
• Parties: DOWLING v. LANCASHIRE INS. CO.
• Decision Date: 28 September 1897
• Court: Wisconsin Supreme Court

97 Wis. 50

72 N.W. 229

DOWLING

v.LANCASHIRE INS. CO.

Supreme Court of Wisconsin.

Sept. 28, 1897.

Appeal from circuit court, Eau Claire county; W. F. Bailey, Judge.

Action by Anna Dowling against Thomas Dowling, in which the Lancashire Insurance Company was made a garnishee. From a judgment allowing the garnishee less costs than it claimed, it appeals. Dismissed.Doolittle & Shoemaker, for appellant.

Geo. C. & Fred A. Teall, for respondent.

CASSODAY, C. J.

This case was here on a former appeal, and judgment against the insurance company, as garnishee, was reversed, and the case was remanded for a new trial. 89 Wis. 96, 61 N. W. 76. Thereupon it was stipulated between the parties that an order and judgment be made and rendered forthwith, without notice, dismissing the action, with costs to the garnishee, to be taxed upon due notice by the clerk. The clerk thereupon, and upon due notice to the plaintiff's attorneys, taxed the costs and disbursements at $271.86. Thereupon the plaintiff moved the trial court for a review and retaxation of such costs. Upon that motion the trial court made an order to the effect that as such action was tried with a garnishee against the Farmers' Fire Insurance Company, and also a garnishee against the Fire Association of Philadelphia, as one action, although not consolidated, the court would allow the costs taxed in favor of this defendant, amounting to $271.86, together with $21.55, for certain items in each of the other actions, as for costs to all of said other garnishees, making in the aggregate $314.86, and no more, to the said three garnishees, as their costs in said three actions,--that is to say, judgment was to be rendered accordingly in favor of each garnishee separately for one-third of such aggregate sum, amounting to $104.96; and each of said judgments for costs was so modified and entered accordingly. From such judgment for $104.96 only in favor of the Lancashire Insurance Company, this defendant brings this appeal. Accompanying such appeal is a certificate of the trial judge to the effect that the case necessarily involves the decision of a question or point of law of such doubt and difficulty as to require the decision of the same by this court, and the question is as to whether it was within the discretionary power of the court, on the facts as they appear in the bill of exceptions thereto attached, and thereby made a part of such certificate, to so reduce the garnishee's judgment for costs...