Whiteley v. Ingham Circuit Judge

Eelators were defendants in an ejectment suit tried in the circuit court, appealed to this court, and affirmed. Whiteley v. Whiteley, 110 Mich. 556. Eelators were granted a new trial under section 10981, 3 Comp. Laws 1897. Before trial was had, plaintiff submitted to a voluntary nonsuit, which was consented to by the relators. Eelators now seek to recover costs of the first trial, in which the judgment was affirmed in this court. But for the statute, relators’ right to further litigation would have been ended. The statute, however, gives them the right, upon certain conditions, to *620have a new…