Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1913-08-29

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thereto shall be paid by the appellant before the
return is fled with the clerk of the circuit court
such return. Provided, that if the fees appeal
including amount sufficient TO pay for fifty per
estimated by the clerk request Of the appellant
be not paid within twenty days from the date Of the
entry OF Judgment the appeal shall be deemed dis
section a. chapter $40. laws of laos) l. The
prevailing party in action proceeding in said
civil court shall be entitled costs in the discretion
of the Judge before whom such action proceeding
/ was heard tried. Such costs shall be taxed by
| the clerk or deputy clerk application of the
party entitled thereto: provided that such
costs shall be limited to the actual and necessary
party in such action or proceedings. and an attor
ney's fee as follows: Five per cent of the amount
recovered. unless greater amount shall
have been demanded in the peadings of the adverse
party, in which the attorneys fee shall be five
per cent Of such greater amount and If Judgment Is
for the defendant dismissng The action five per cent
1 OF the amount demanded in the complaint
4 provided that In shall : : said attor-
neys fee be less than five dollars nor mere than
twenty dollars. unless said Judge shall fix some
other amount for such attorney fee, net exceeding
twenty dollars and provided that said Judge may
dsal0w attorney fee to be included in the COSTS
Provided ALSO that in repeyin. attachment and gar
nshment proceedings said percentage shall be com
| involved
tChapter $40. laws Of 1909. as amended by section
| IL. chapter 425 laws of 191I) Section IS. l. All
judgments orders. and DEGREES made and entered in
said civil court in all actions and proceedings shall
have the same force effect. and lien. and shall be
docketed and carried into erect and enforced as
judgments orders and DEGREES made and entered in
the circuit court and all the remedies given and pro-
ceedngs provided for the collection and enforcement
Of the judgments orders and DEGREES Of the circuit
court shall apply to and be exercised by said civil
court: provided: that in punishment actions and
actions governed by the provisions Of subdivision
of section IA of chapter $40 Of the laws Of 1909 as
amended, it shall not be necessary to make up or
file judgment roll; and provided further. however
that no judgment entered i'll action brought under
the provisions of chapter l5 Of the statutes except
for damages under section 1867 thereof shall be
tered the judgment docket of said civil court
or become lien upon real estate but said Judgment
shall be enforced pursuant to the provisions Of section
1866 of said chapter 49, and execution and writ
of restitution issued thereundrr Shall be retrnabe
In the same time as other executions from said civil
court Circuit court commissioners exercise the
same jurisdiction and powers in proceedings for the
collection and enforcement of the judgments, orders
and DEGREES of the civil court they have in
proceedings for the collection and enforcement of
Judgments orders and DEGREES of the circuit court.
Whenever proceedings supplemental to execution shall
be pursued before judge of the civil court the same
fees shall be collected payable to circuit court
commissioners in similar proceedings.
/ 2 Whenever judgment shall be entered and doc
keted in the circuit court upon appeal from a
court shall transmit to the clerk of the civil court
transcript of his docket and the clerk of the civil
court shall thereupon enter the docket of the judg
ment appealed from the disposition of such appeal
and the time OF docketing In circuit court, as shown
by such transcript. No fee shall be paid for such
transcript or the filing entry thereof. If the jug-
4 ment appealed from be reversed. the judgment of
the circuit court shall become lien from the time of
docketng in the circuit court provided in section
1902 Of the statutes If the Judgment appealed from
| be affirmed modified and affirmed, the lien Of the
judgment created by the docketing thereof In the
circuit court shall relate back to the time Of docket
ing the judgment appealed from in the civil court,
and the duration of such lien shall be computed from
the time Of rendition of said civil court judgment.
except that If the collection of said Judgment shall
be stayed the duration of such stay shall be ex-
Guided from the computation From the time of
entering said transcript the civil court docket.
said civil court judgment shall to be lien.
(Sectton II, chapter $40, laws Of 1909, as amended
by section 10. chapter 425. laws of 1811) l. When
ever any action shall have been commenced by sum
mons contract express implied. by warrant
of attachment in said civil court shall be pend
ing therein, or at any time after the issuing of an
execution judgment entered therein and before
the same shall be returnable If the plaintiff or
judgment creditor someone in his behalf shall
make and deliver to the clerk or any Judge
of said afHdavit setting forth the amount
manded in the complaint due upon the judgment
and stating that the aant has good to believe
that some person (naming him) is indebted to the
defendant judgment debtor has personal prop
erty in his possession or under his control belonging
to the defendant judgment debtor. or when there
is more than defendant judgment debtor to
any one or either of them, not by law exempt from
sale on execution said clerk or Judge shall issue
summons to such person to appear before said court
at the time and place expressed in such summons.
not less than six more than fifteen days from the
date thereof. excep. provided in subsection CT
section Of said chapter $40 amended by this act.
to touching his liability garnishee; pro-
rided. however that If the defendant judgment
debtor in his behalf shall pay the clerk
the amount due to the plaintiff judgment creditor
as disclosed by his affidavit together with the costs
Of the principal and punishment actions incurred up
to the time Of such payment, said punishment action
!
payment OF the judgment creditors OF plaintiff $
claim. Such affidavit may be amended with the
same effect as is provided in section 1902 Of the
statutes.
tsection 49, chapter $40. laws Of 1909 as amended
by section 90 chapter 425. laws Of 1911 |. The
orders. judgments, and DEGREES of said civil court
i'll all bastardy may be examined and reviewed
by the supreme court in the same manner that the
orders, judgments, and DEGREES of the circuit court
may be examined and reviewed. Except in bastardy
cases. and except herein otherwise provided. an
} appeal may be taken to the circuit court of Mil
1 Or r0-
cceding in said civil court from any final judgment
of said civil court. from any order of said civil
court from which an appeal to the supreme court
might be taken If such order made by circuit
court by filing with the clerk of said civil court
within the time hereinafter prescribed notice in
writing signed by the appellant his attorney.
designating the party by whom the cause in which.
and the judgment or order from which the appeal is
taken. The appellant shall also file with said notice
and affidavit signed by him or his attorney that the
appeal Is made in good faith and not for the
of delay. Such appeals shall be taken within twenty
days after the entry of the Judgment order appealed
from. and the returns and amended returns upon
such appeals shah be made by the clerk of said civil
court in the manner provided in chapter 100 Of the
statutes. relating TO appeals from justices courts;
provided that upon appeal from any order of said
civil court said clerk shall include in the return
only much Of the record and testimony in such
action as shall be necessary determine the questions
= raised by such appeal Except as herein provided,
such appeals shall be governed by the provisions Of
sections 1868 1860, 3TI5c. 3715d, 1885, 1857 1859 to
1862, both inclusive, 1910. 3771. and 3772 of the
statutes, far applicable.
tSecton 49, chapter 5i9 laws of 1909 g. Every
modified and affirmed modified. by the circuit
court upon appeal unless by of manifest pre-
judicial in the trial OF the action In which
such judgment rendered. any party thereto has
had fair trial thereof in the civil but in
any such Of mistria where substantial justice
can not otherwise be done and the rights Of the
parties otherwise observed and protected the judg
ment of the civil therein shall be reversed and
the circuit shall order the action tried in said
circuit court In the If originally
brought there except that in case any judgment Of
the civil court in any action wherein the amount
involved demanded In the pleadngs Of either party
does not exceed the Of two hundred dollars shall
be so reversed. the trial In the circuit court
shall be by the court unless jury demanded in
the civil court
i Section s. This act shall take effect and be in
4 force from and after its passage and publication.
Approved May 26, 1913
| No. 1869. Al Published May 20, 1913.
CHAPTER 32i. LAWS OF 1918.
AN ACT. To amend section 2261 Of the statutes,
relating to platS
The people of the State OF Wisconsin represented in
Il Senate and Assembly, do enact follows:
Section /. Section 2261 Of the statutes is amended