Legal Opinion

O'Brien v. Wayne Circuit Judge

Michigan Supreme Court

Decided June 3, 1902No. Calendar No. 19,205PublishedCited by 4 opinions

Mandamus by M. Hubert O’Brien to compel Joseph "W. Donovan, circuit judge of Wayne county, to vacate an order disallowing costs on the dismissal of a bill in chancery, in which relator was solicitor for the defendants.

1Per curiam

The complainant’s injunction having been dissolved on motion, his default for not serving a copy of the bill upon defendants’ counsel was duly entered; and subsequently defendants’ solicitor caused an order to be entered that the bill be dismissed, with costs, to be taxed. They were afterwards taxed at $20. A motion to vacate this order was denied, but upon a later application the circuit judge amended the order by disallowing costs. *68An application was then made in this court for a mandamus to compel the vacation of the later order.

The return of the learned circuit judge is an ample…

2Cited by4 opinions

  1. Township of Ross v. Michigan United Railways Co.Michigan Supreme Court · 1911
  2. Electric Park Amusement Co. v. Wayne Circuit JudgeMichigan Supreme Court · 1909
  3. Stearns v. VincentMichigan Supreme Court · 1927
  4. Grand Rapids & Indiana Railway Co. v. Auditor GeneralMichigan Supreme Court · 1906

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