Holding Corp. v. Mortgage Cont. Co.

Michigan Supreme Court

Holding Corp. v. Mortgage Cont. Co.

244 N.W. 897, 260 Mich. 395

CourtMichigan Supreme Court

DecidedApril 5, 1932

DocketDocket No. 126, Calendar No. 36,455.

StatusPublished

Cited by2 cases

This text of 244 N.W. 897 (Holding Corp. v. Mortgage Cont. Co.) 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

Holding Corp. v. Mortgage Cont. Co., 244 N.W. 897, 260 Mich. 395 (Mich. 1932).

Pincite

Opinion

This is an appeal from taxation of costs and involves an item of $631.56, premium on an appeal bond, given to stay proceedings and to pay the judgment if not reversed.

The judgment was reversed and a new trial granted, and plaintiff contends that, under our holding in Caswell v.Stearns, 259 Mich. 445, the premium on the bond cannot be taxed as costs. In the Caswell Case no execution could have issued on the *Page 396 judgment, and the only stay was against certifying the judgment to the probate court. Such is not this case. The rule applied in Behr v. Baker, 257 Mich. 487, governs, and the taxation by the clerk is affirmed, with costs to defendant.

Free access — add to your briefcase to read the full text and ask questions with AI

This is an appeal from taxation of costs and involves an item of $631.56, premium on an appeal bond, given to stay proceedings and to pay the judgment if not reversed.

The judgment was reversed and a new trial granted, and plaintiff contends that, under our holding in Caswell v.Stearns, 259 Mich. 445, the premium on the bond cannot be taxed as costs. In the Caswell Case no execution could have issued on the *Page 396 judgment, and the only stay was against certifying the judgment to the probate court. Such is not this case. The rule applied in Behr v. Baker, 257 Mich. 487, governs, and the taxation by the clerk is affirmed, with costs to defendant.

Cite This Page — Counsel Stack

Bluebook (online)

244 N.W. 897, 260 Mich. 395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holding-corp-v-mortgage-cont-co-mich-1932.

Opinion

Related

Cite This Page — Counsel Stack