People ex rel. Green v. Highway Commissioners
Circuit Court of the 15th Circuit of Michigan
Motion for re-taxation of costs. Upon the application of the relator in this case an order to show cause had been issued to the Commissioners of Highways, who had answered the same by affidavits, and on the hearing, a motion for a mandamus had been denied.
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Motion for re-taxation of costs. Upon the application of the relator in this case an order to show cause had been issued to the Commissioners of Highways, who had answered the same by affidavits, and on the hearing, a motion for a mandamus had been denied. The Commissioners, however, claimed that as in the order denying the motion, timo had first been given to the relator to traverso the facts set up in the answer or affidavits, if he saw fit, so as to tender an issue of fact for trial, and that as the relator had elected not to do so, the attorney for the Commissioners had formally entered…
1Opinion of the Court
By the Court,
Upson, J.
Applications for a mandamus in which a rule or order to 'show cause has been granted and a hearing had on answef made to such order by affidavits, have usually been considered and treated as motions. 1 Doug. Mich. R., 302, 319, 417, 434; 2 Id., 121; 1 Mich., 134, 359; 2 Id., 188, 192; 3 Id., 427; 4 Id., 187; 9 Id., 134, 141, 327, 328; 11 Id., 111, 222; 12 Id., 171, 191; 16 Id., 204; 17 Id., 67, 159, 338, 341; 18 Id., 247, 254, 338; 19 Id., 203, 351.
And costs on such hearings in the Supreme Court are somewhat discretionary, and are given or denied as on motions. In the…
2Cases cited5 opinions
- Newbould v. StewartMichigan Supreme Court · 1866
- People ex rel. Teller v. LittlejohnMichigan Supreme Court · 1862
- People ex rel. School District No. 1 v. RyanMichigan Supreme Court · 1868
- People ex rel. Reynolds v. Judges of Macomb Circuit CourtMichigan Supreme Court · 1848
- People ex rel. Dean v. Board of RegistrationMichigan Supreme Court · 1866