50 Wis. 552 | Wis. | 1880
This case was before us on a former occasion, on an appeal from an order sustaining a demurrer to the complaint. 48 Wis., 91. An examination of the record on that appeal shows that the grounds of demurrer assigned were: first, defect of parties plaintiff; and second, that the complaint fails to state a cause of action. The order from which the appeal was taken was reversed, and such reversal was necessarily an adjudication that the complaint states a cause of action. This appeal is from a judgment which the plaintiff has recovered in the action, and the question of the sufficiency of the complaint has again been raised. The question is res adgudicata in the case, and cannot be again considered. Whether the decision is sound or unsound, for the purposes of this case the question is irrevocably settled. See cases cited in brief of counsel for plaintiff.
The only remaining question is one of costs. The action was commenced in the circuit court. The demand in the complaint is for judgment for $287.74, and the complaint is duly verified. The recovery is for $145, and the court awarded full costs against the defendant. The action was within the jurisdiction of a justice of the peace, and the plaintiff was not entitled to costs unless the case is within subdivision 7, sec. 2918, E. S., p» 771. If the action is on contract, it is within that statute, otherwise not. That this is an action on contract,
By the Court. — J"udgment affirmed.