Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1913-08-22

Judgment or the amount demanded in the
complaint is one hundred dollars or less,
and pne dollar where the amount de-
manded is more than one hundred dol
lars; for the trial Of an action If issue
dollars or less. one dollar; where the
amount. claimed Is more than twenty
five dollars , but does not exceed s two
and q Ne dollars ms a aSagz sna 5
hundred dollars sei the = foregoing Gregg to be be
paid by the plaintiff In such action; for
each transcript execution, or certificate
issued by the clerk or deputy clerk,
| twenty-five cents; for making a return
upon an appeal from a Judgment or or
der, two dollars. and in addition thereto
shall be paid by the appellant before the
return Is filed with the clerk of the cir
cult court five cents for each folio Of one
hundred words in such return Provided,
that If the fees on appeal. including
amount sufficient to pay for fifty per
cent Of the folios contained in the re-
turn, as estimated by the clerk upon re-
quest OF the appellant. be not paid
I entry Of judgment, the appeal shall be
deemed dismissed.
(Section "a, chapter SAC, laws of 1909
/. The prevailing party In any action
or proceeding in said civil court shall be
entitled to costs, in the discretion Of the
judge before whom such action Or pro
ceeding was heard or tried. Such costs
titled thereto; provided that
such costs shall be limited to the actual
| and necessary disbursements.
made by such prevailing party in such
action or proceedings, and an attorneys
fee as follows: Five per cent of the
| amount recovered. unless
greater amount shall have been demand
| ed in the pleadings Of the adverse party,
in which case the attorneys fee shall be
| five per cent of such greater amount; and
If Judgment is for the defendant dis
missing the action, five per cent Of the
! amount demanded In the complaint;
provided that In no case shall
said attorneys fee be less than
dollars, unless said judge shall fix some
| other amount for such attorney fee, not
exceeding twenty-five dollars; and pro-
vided that said judge may disalow any
attorney fee to be included in the costs.
Provided, also, that in replevin. attach
ment and garnishment proceedings, said
percentage shall be computed upon the
value Of the property or Indebtedness in
| volved.
(Chapter SAC, laws of 1909, as amended
by section IL, chapter 425, laws of 1911)
Section 25 l. All judgments. orders;
civil court in all actions and proceedings
shall have the same force, effect, and
lien, and shall be docketed and carried
| into effect and enforced as judgments.
orders and DEGREES made and entered in
the circuit court; and all the remedies
given and proceedings provided for the
| collection and enforcement of the Judg-
| mentS, orders and DEGREES Of the circuit
court shall apply to and be exercised by
said civil court; provided, that in gar
nishment actions and actions governed
by the provisions of subdivision l of sec
ton Ia of chapter SAG 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 judg-
ment entered In an action brought under
a np0UiSiOnr n cha MT Of ST
F., uteS, except for damages under section
1857 thereof, shall be entered upon 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 145, and any execution and writ
OF restitution issued hereunder shall be
returnable in the same time as other
| executions from said civil court. Circuit
court commissioners may exercise the
same jurisdiction and powers in proceed
/ ingS for the collection and enforcement
of the judgments, orders and DEGREES of
| the civil courts as they now have in pro-
| ceedings for the collection and enforce
F; ment of judgments, orders and DEGREES Of
| the circuit court. Whenever proceeding
| supplemental to execution shall be pur-
sued before a judge of the civil court the
| same fees shall be collected as are pay
| able to circuit court commissioners in
/ similar proceedings.
2. Whenever Judgment shall be en-
| tered and docketed in the circuit court
upon an appeal from a Judgment of the
I civil court, the clerk of the circuit court
| shall transmit to the clerk Of the civil
court transcript Of his docket, and the
clerk of the civil court shall thereupon
! enter on the docket of the judgment
appealed from the disposition of such
appeal and the time of docketing in cir
! cult court, as shown by such transcript.
No fee shall be paid for such transcript,
ment appealed from be reversed, the
| judgment of the circuit court shall be-
| come lien from the time of docketing
| in the circuit court as provided in Sec
| ton 1902 of the statutes. If the judgment
| appealed from be affirmed, or modified and
affirmed, the lien of the judgment ere
ated by the docketing, thereof in the
time of docketing the judgment appealed
| from In the civil court, and the dura-
| ton 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 dura-
ton of such stay shall be excluded from
the computation. From the time of en-
! tering said Transcript on the civil court
docket said civil court judgment shall
| cease to be lien.
(Section 27, chapter $40, laws of 1909,
as amended by section IS, chapter 425,
laws of 1910 l. Whenever any action
shall have been commenced by sum-
, mons upon contract, express or implied,
| or by warrant of attachment in said civil
court, or shall be pending therein, Or at
! any time dIleT the issuing Oh all GX6Cu-
! ton upon judgment entered therein and
| before the same shall be returnable, If
the plaintiff or judgment creditor or
someone in his behalf shall make and
| deliver to the clerk or any judge
! of said court an affidavit setting forth the
| amount demanded in the complaint or
due upon the judgment and stating that
the affant has good reason to believe
that some person (naming him) is in
debted to the defendant or judgment
debtor has personal property in his
possession or under his control belong
! ing to the defendant or judgment debtor,
or when there is more than one defendant
or judgment debtor, to any one or either
| of them, not by law exempt from sale
/! on execution, said clerk or judge shall
| issue a summons to such person to ap-
pear before said court at the time and
! place expressed in such summons, not
| less than six nor more than fifteen days
I from the date thereof, except as provided
| in subdivision l Of section of said chap
| ter 549 as amended by this act, to an
swer touching his liability as garnishee;
provided, however, that if the defendant
! or Judgment debtor or someone in his
behalf shall pay to the clerk the amount
/ due to the plaintiff or judgment cred
4 itor as disclosed by his affidavit, togeth-
er with the costs of the principal and