Haney v. Russell

59 N.W. 662, 101 Mich. 392

• Court: Michigan Supreme Court
• Decided: July 5, 1894
• Status: Published

Opinion

McGrath, C. J.

Relator brought trespass qu. cl. in the circuit. He was not in actual possession, and, in his declaration, set up title in himself. He recovered a judgment of $47.50, whereupon the court entered judgment in favor of defendant for costs. Relator asks for a mandamus to compel the court to vacate the order granting costs to defendant.

The order was a final judgment. All of the facts upon which the application is based are matters of record, and relator has another ample and specific remedy. The question is reviewable upon writ of error. McFarlane v. Ray, 14 Mich. 465; Singer Manfg. Co. v. Benjamin, 55 Id. 330.

We think the application must be denied.

The other Justices concurred.