Haney v. Russell
Michigan Supreme Court
Mandamus. Relator applied for mandamus to compel respondent to vacate a judgment in favor of the defendant for costs ‘in an action of trespass qu. cl. The facts are stated in the opinion.
1Opinion of the CourtMcGrath, C. J.
Relator brought trespass qu. cl. in the circuit. He was not in actual possession, and, in his declaration, set up title in himself. He recovered a judgment of $47.50, whereupon the court entered judgment in favor of defendant for costs. Relator asks for a mandamus to compel the court to vacate the order granting costs to defendant.
The order was a final judgment. All of the facts upon which the application is based are matters of record, and relator has another ample and specific remedy. The ques*393tion is reviewable upon writ of error. McFarlane v. Ray, 14 Mich. 465; Singer Manfg. Co. v.…
2Cases cited1 opinion
- McFarlane v. RayMichigan Supreme Court · 1866
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- Michigan Public Utilities Commission v. Michigan State Telephone Co.Michigan Supreme Court · 1924