Legal Opinion
Smith v. Hubbard
Michigan Supreme Court
Decided June 22, 1881PublishedCited by 4 opinions
Error to Saginaw. Assumpsit. Plaintiff recovered judgment before a justice for $40.29 damages and $10 costs; on an appeal taken by tbe defendant he again obtained a verdict and bis damages were assessed at $50, but defendant was given costs. Plaintiff brings error.
1Opinion of the CourtMarston, C. J.
While we are of opinion that costs should have been awarded tbe plaintiff in error in this case, and can conceive of no reason for tbe same not having been given, let alone giving of costs against him as was done, yet within tbe rule in Hewitt v. Ingham Circuit Judge 44 Mich. 153, we cannot review tbe discretion of tbe circuit judge even although we may think no discretion was exercised.
Tbe judgment will be affirmed with costs.
Tbe other Justices concurred.
2Cases cited1 opinion
- Hewitt v. InghamMichigan Supreme Court · 1880
3Cited by4 opinions
- Kossuth County State Bank v. RichardsonSupreme Court of Iowa · 1908
- Richison v. MeadSouth Dakota Supreme Court · 1899
- McCartney v. BadovinacSupreme Court of Colorado · 1916
- Gentilli v. StaraceThe Superior Court of the City of New York and Buffalo · 1891