People ex rel. Henderson v. Wayne Circuit Judge

Michigan Supreme Court

People ex rel. Henderson v. Wayne Circuit Judge

40 Mich. 244

CourtMichigan Supreme Court

DecidedJanuary 21, 1879

StatusPublished

Cited by2 cases

This text of 40 Mich. 244 (People ex rel. Henderson v. Wayne 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

People ex rel. Henderson v. Wayne Circuit Judge, 40 Mich. 244 (Mich. 1879).

Pincite

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.

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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.

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Bluebook (online)

40 Mich. 244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-henderson-v-wayne-circuit-judge-mich-1879.

Opinion

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