Smith v. Hubbard

Michigan Supreme Court

Smith v. Hubbard

9 N.W. 427, 46 Mich. 306, 1881 Mich. LEXIS 575

CourtMichigan Supreme Court

DecidedJune 22, 1881

StatusPublished

Cited by4 cases

This text of 9 N.W. 427 (Smith v. Hubbard) 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

Smith v. Hubbard, 9 N.W. 427, 46 Mich. 306, 1881 Mich. LEXIS 575 (Mich. 1881).

Pincite

Opinion

Marston, C. J.

While we are of opinion that costs should have been awarded tbe plaintiff in error in this case, and can conceive of no reason for tbe same not having been given, let alone giving of costs against him as was done, yet within tbe rule in Hewitt v. Ingham Circuit Judge 44 Mich. 153, we cannot review tbe discretion of tbe circuit judge even although we may think no discretion was exercised.

Tbe judgment will be affirmed with costs.

Tbe other Justices concurred.

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

Marston, C. J.

While we are of opinion that costs should have been awarded tbe plaintiff in error in this case, and can conceive of no reason for tbe same not having been given, let alone giving of costs against him as was done, yet within tbe rule in Hewitt v. Ingham Circuit Judge 44 Mich. 153, we cannot review tbe discretion of tbe circuit judge even although we may think no discretion was exercised.

Tbe judgment will be affirmed with costs.

Tbe other Justices concurred.

Cite This Page — Counsel Stack

Bluebook (online)

9 N.W. 427, 46 Mich. 306, 1881 Mich. LEXIS 575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-hubbard-mich-1881.

Opinion

Related

Cite This Page — Counsel Stack