65 Wis. 282 | Wis. | 1886
This is an appeal from an order striking out certain portions of the complaint as irrelevant and redundant. The action is brought to recover the possession of a school-house and certain personal property belonging to the district, or their value, which it is alleged the defendants have unlawfully taken and wrongfully detained. The complaint is needlessly prolix, and contains much impertinent, matter which can serve no other purpose than to incumber
The court, on striking out portions of the complaint, ordered that the plaintiff pay $10 costs of the motion, and that the defendants have twenty days after the payment of such costs to serve their answer. It is objected that this part of the order is irregular because it allows the defendants an unlimited timé to answer. It was in the discretion of the circuit court to impose these costs on the motion, and it could extend the time for answering for twenty days after such costs were paid. These were matters resting in the sound discretion of the court. The plaintiff could limit the time by paying the $10.
By the Court.— The order of the circuit court is affirmed.