Derby v. Circuit Judge

Michigan Supreme Court

Derby v. Circuit Judge

1 McGrath 486, 60 McGrath 1

DecidedFebruary 10, 1886

StatusPublished

This text of 1 McGrath 486 (Derby v. Circuit Judge) 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

Derby v. Circuit Judge, 1 McGrath 486, 60 McGrath 1 (Mich. 1886).

Pincite

Opinion

To require the respondent, to issue a distringas to enforce the collection of costs awarded in proceedings by a railroad company to condemn land for a right of way.

Denied February 10, 1886.

Held, that the remedy provided by statute for such proceeding is exclusive, and that the failure to pay the expenses, costs and counsel fees awarded, within sixty days after confirmation of the report of the jury, is a waiver and abandonment of such proceeding.

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To require the respondent, to issue a distringas to enforce the collection of costs awarded in proceedings by a railroad company to condemn land for a right of way.

Denied February 10, 1886.

Held, that the remedy provided by statute for such proceeding is exclusive, and that the failure to pay the expenses, costs and counsel fees awarded, within sixty days after confirmation of the report of the jury, is a waiver and abandonment of such proceeding.

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Bluebook (online)

1 McGrath 486, 60 McGrath 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/derby-v-circuit-judge-mich-1886.