People ex rel. Henderson v. Wayne Circuit Judge

40 Mich. 244

Opinion

Per Curiam.

A continuance had been granted in the court below on condition of the payment of costs. The party upon whom cost's had been imposed preferred to waive the continuance rather than pay the costs, but the court held he could not do so, imposed the costs absolutely, and issued execution to enforce the order.

Held that mandamus would lie to recall the execution and rescind the order granting costs.