People ex rel. Metcalf v. Auditor General

The statute which makes the State liable for costs “in any civil suit or proceeding instituted by any officer duly authorized for that purpose” (Comp. L., § 6173) does not make the State liable in suits for penalties brought by supervisors for obstructing highways. These are purely local matters, and the statute of costs excludes State liability for costs on penal statutes. § 7407.

Mandamus refused.