Legal Opinion

Gundersen v. Village of Bingham Farms

Michigan Court of Appeals

Decided November 15, 1965No. Docket 279PublishedCited by 18 opinions

1Opinion of the CourtQuinn, P. J.

This appeal is from the circuit court’s allowance of an attorney fee of $1,500 and expert witnesses’ preparation fees of $400. These items were part of the Costs taxed by plaintiffs after their successful appeal to the Supreme Court. Proper objection was made to taxation by defendant.

The power to tax costs is wholly statutory. Kuberski v. Panfil (1936), 275 Mich 495. Chapter 24 of PA 1961, No 236 (CLS 1961, §600.2401 et seq. [Stat Ann 1962 Rev § 27A.2401 et seq.]) is the statutory authority for costs. Section 2401 provides in part, “Except as otherwise provided by statute, the Supreme Court…

2Cases cited5 opinions

  1. Department of Conservation v. ConnorMichigan Supreme Court · 1947
  2. Gundersen v. Village of Bingham FarmsMichigan Supreme Court · 1964
  3. State Highway Commissioner v. RoweMichigan Supreme Court · 1964
  4. Merkel v. LongMichigan Supreme Court · 1965
  5. Kuberski v. PanfilMichigan Supreme Court · 1936

3Cited by18 opinions

  1. State Farm Mutual Automobile Insurance v. AllenMichigan Court of Appeals · 1973
  2. Barnett v. International Tennis Corp.Michigan Court of Appeals · 1978
  3. Fireman's Fund American Insurance Companies v. General Electric Co.Michigan Court of Appeals · 1977
  4. Harvey v. LewisMichigan Court of Appeals · 1968
  5. Caradonna v. ThoriousMichigan Court of Appeals · 1969

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