41 Wis. 79 | Wis. | 1876
In this case there was an appeal taken to the cir-
We bave rather reluctantly expressed our views uj>on this question of practice for tbe guidance of attorneys, tbougb tbe point is not properly before us. This is an appeal from an order taxing costs. Tbe costs in an action constitute a part of tbe judgment, and are necessarily included in it. Tbe judgment is not deemed perfected until tbe costs are taxed and included in it; and therefore, for tbe purpose of review, tbe order must be taken to have been made before tbe judgment was complete. Cord v. Southwell, 15 Wis., 212. An appeal does not lie from tbe order after judgment. Tbe plaintiff, having excepted to tbe order, might bave taken advantage of tbe error in the taxation on an appeal from tbe judgment. Cord v. Southwell, supra; Hitchcock v. Merrick, 15 Wis., 522; Ernst v. The Steamer Brooklyn, 24 id., 616; Hoyt v. Jones, 31 id., 389; Am. Button Hole etc. Company v. Gurnee, 38 id., 533.
By the Cotort. — The appeal is dismissed.