Hester v. Commissioners of Parks & Boulevards
Michigan Supreme Court
Mandamus. Relator applied for mandamus to compel payment of costs in proceedings relating to widening of boulevard. The facts are stated in the opinion.
1Opinion of the CourtMcGrath, J.
Proceedings were instituted by respondents, under an act relating to parks and boulevards in the city of Detroit (Local Acts of 1889, p. 607), to widen the boulevard, taking a strip from relator's property. These proceedings were afterwards discontinued, whereupon relator’s costs were taxed at $30.50, including an attorney fee of $25, and witness fees. Respondents refuse to pay these costs, and a mandamus is prayed to compel the payment.'
Costs are only recoverable when there is statutory authority awarding them. Booth v. McQueen, 1 Doug. 41; Jeffery v. Hursh, 58 Mich. 258; Tolford v. Church,…
2Cases cited1 opinion
- Booth v. McQueenMichigan Supreme Court · 1843
3Cited by13 opinions
- Detroit Edison Co. v. JanoszMichigan Supreme Court · 1957
- Warren v. McLouth Steel Corp.Michigan Court of Appeals · 1981
- Dittus v. GeymanMichigan Court of Appeals · 1976
- Brown v. Department of State HighwaysMichigan Court of Appeals · 1983
- Kuberski v. PanfilMichigan Supreme Court · 1936
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