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88 Wis. 285

Vipond v. Townsend

Wisconsin Supreme Court

Decided October 2, 1894

Wisconsin Supreme Court · decided 1894-10-02

This suit is brought to recover on a note of which the following is a copy: “$10,000.00.

Cited by 3 later decisions — most recently June 1935

1 federal appellate · 2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1894-10-02

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Newman, J.

¶1It was not error to include the amount of the stipulated attorney’s fee in the judgment. The stipulation for the fee was a part of the contract on which the action was based. It became due as soon as the action was commenced. It was due at the time of the entry of judgment. Its recovery was incidental to the recovery upon the principal cause of action. This is analogous to the *287uniform practice, from an earty day, of including stipulated attorney’s fees in foreclosure judgments. It has not been suspected that a separate action could be maintained for the recovery of such fees.

¶2By the Court.— The judgment of the superior court of Douglas county is affirmed.

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