Besser v. Alpena Circuit Judge
Michigan Supreme Court
Mandamus by Herman Besser to compel Frank Emerick, circuit judge of Alpena county, to sign a bill of exceptions. On May 29, 1902, relator brought an action of replevin against one John A. Widner to recover certainties, posts, and poles, claimed to have been unlawfully cut and removed' from certain lands of the plaintiff. Widner was not the trespasser, but had purchased the property from the alleged trespassers. Defendant filed a satisfactory statutory bond (Act No. 246, Pub.
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Mandamus by Herman Besser to compel Frank Emerick, circuit judge of Alpena county, to sign a bill of exceptions. On May 29, 1902, relator brought an action of replevin against one John A. Widner to recover certainties, posts, and poles, claimed to have been unlawfully cut and removed' from certain lands of the plaintiff. Widner was not the trespasser, but had purchased the property from the alleged trespassers. Defendant filed a satisfactory statutory bond (Act No. 246, Pub. Acts 1899) to release the property from seizure pending the suit. The case was tried in December, 1902, and judgment…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. Is the de*633fendant entitled to the costs of the issue decided in his favor ? The statute upon the question is section 11267, 3 Comp. Laws, and reads as follows:
“When there-shall be several issues in any case, and a verdict shall be rendered for the plaintiff on one or more of them, and for the defendant on another, if the plaintiff obtain judgment upon the whole record, costs shall be awarded as follows: (1) When the substantial cause of action was the same in each issue, the plaintiff shall recover costs- on those issues which were found for him, and shall not be…
2Cases cited1 opinion
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