Swegles v. Circuit Judge

Michigan Supreme Court

Swegles v. Circuit Judge

68 N.W. 649, 1 McGrath 180

CourtMichigan Supreme Court

DecidedOctober 20, 1896

DocketNo. 15684

StatusPublished

This text of 68 N.W. 649 (Swegles 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.

Bluebook

Swegles v. Circuit Judge, 68 N.W. 649, 1 McGrath 180 (Mich. 1896).

Pincite

Opinion

To vacate an order permitting appellant (defendant) to dismiss an appeal from the judgment of a justice, “on payment to the clerk of $5 over and above the judgment below” (which was for $5 and costs), and allow full statutory costs under How. Stat., Sec. 7021.

Denied without costs, October 20, 1896, on the ground that relator’s motion in the court below should have been to vacate the order made and not for full costs, in the face of the order.

Held, that under the statute appellee was entitled to costs.

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To vacate an order permitting appellant (defendant) to dismiss an appeal from the judgment of a justice, “on payment to the clerk of $5 over and above the judgment below” (which was for $5 and costs), and allow full statutory costs under How. Stat., Sec. 7021.

Denied without costs, October 20, 1896, on the ground that relator’s motion in the court below should have been to vacate the order made and not for full costs, in the face of the order.

Held, that under the statute appellee was entitled to costs.

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Bluebook (online)

68 N.W. 649, 1 McGrath 180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swegles-v-circuit-judge-mich-1896.