Beem v. Palmer
Michigan Supreme Court
Mandamus. Relator was sued in justice’s court in an action of assumpsit, and from a judgment in bis favor for costs plaintiffs appealed to the circuit, and upon' tbe trial voluntarily submitted to a nonsuit, whereupon a judgment for costs was entered in favor of relator. The costs, as taxed by the clerk, included a trial fee of $15. Plaintiffs appealed from the taxation, claiming this item to be excessive and unauthorized, and respondent struck the same from the taxed bill.
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Mandamus. Relator was sued in justice’s court in an action of assumpsit, and from a judgment in bis favor for costs plaintiffs appealed to the circuit, and upon' tbe trial voluntarily submitted to a nonsuit, whereupon a judgment for costs was entered in favor of relator. The costs, as taxed by the clerk, included a trial fee of $15. Plaintiffs appealed from the taxation, claiming this item to be excessive and unauthorized, and respondent struck the same from the taxed bill. Relator applies for a mandamus to compel respondent to reinstate the item, claiming to be entitled, thereto under How.…
1Per curiam
The writ will be granted requiring the respondent to tax an attorney fee of $10 as for the trial of an issue of fact, the trial having been commenced, testimony taken, and argument begun before nonsuit. The court having awarded full costs to relator, its power to exercise a discretion was at an end, and it became the duty of the clerk to tax the same at the amount provided by statute; and on appeal from his taxation the power of the court was limited to a correction of the clerk's errors, if any.
Under How. Stat. § 9004, the fee fixed for the trial of an issue of fact in an action of assumpsit…
2Cited by1 opinion
- Russell v. GlantzMichigan Court of Appeals · 1974