Beem v. Palmer

Michigan Supreme Court

Beem v. Palmer

56 N.W. 760, 97 Mich. 491, 1893 Mich. LEXIS 924

CourtMichigan Supreme Court

DecidedNovember 10, 1893

StatusPublished

Cited by1 cases

This text of 56 N.W. 760 (Beem v. Palmer) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Beem v. Palmer, 56 N.W. 760, 97 Mich. 491, 1893 Mich. LEXIS 924 (Mich. 1893).

Pincite

Opinion

Per 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 is $10. The term “ issue of fact" is to be construed in its ordinary sense. It cannot be said that, as a trial of an issue of fact may, as it generally does, involve the consideration by the court of questions of law, therefore the prevailing party is entitled to tax a $15 trial fee in an action of assumpsit. The issue of law named in the statute is.an issue framed upon the record.

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Per 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 is $10. The term “ issue of fact" is to be construed in its ordinary sense. It cannot be said that, as a trial of an issue of fact may, as it generally does, involve the consideration by the court of questions of law, therefore the prevailing party is entitled to tax a $15 trial fee in an action of assumpsit. The issue of law named in the statute is.an issue framed upon the record.

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Bluebook (online)

56 N.W. 760, 97 Mich. 491, 1893 Mich. LEXIS 924, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beem-v-palmer-mich-1893.

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