People ex rel. Amperse v. Circuit Judge
This text of 14 Mich. 33 (People ex rel. Amperse 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.
Opinion
By virtue of § 3736 of the ComjD. Laws, the plaintiff was entitled to double costs. No fact was required to appear on the trial, to be certified on the minutes of the Court, in order to perfect his right. The correct practice would have been to appeal from the decision of the taxing officer, and then bring the decision of the Circuit Court, if adverse, into this Court by writ of error.
The mandamus, being asked for, to direct the Circuit Judge to do an act not necessary to be done, must be denied; but, as the practice in this matter has been unsettled, the denial of the writ is without costs.
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Cite This Page — Counsel Stack
14 Mich. 33, 1865 Mich. LEXIS 59, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-amperse-v-circuit-judge-mich-1865.