Hewitt v. Ingham
Michigan Supreme Court
Mandamus. The relator recovered judgment in justice’s court against respondent for $248.66. On appeal it was reduced to $104, and costs were given to defendant, whereupon relator moved to vacate the later judgment, as to costs, and on denial of the motion asked for a mandamus to vacate it and enter judgment for relator for his damages and costs.
1Opinion of the CourtMarston, C. J.
Under the proviso in 2 Comp. L. § 7427 the costs in cases heard and determined on appeal in the circuit court are under the control of the court. Although our attention has been called to several other sections supposed to have some bearing upon this question, none of them repeal, change or "affect this proviso. See also § 5459. The discretion of the court in the premises we cannot review, and as the action of the court was authorized by law, the writ must be denied with costs.
The other Justices concurred.
2Cited by2 opinions
- Smith v. HubbardMichigan Supreme Court · 1881
- Pettibone v. MaclemMichigan Supreme Court · 1881