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Haney v. Russell

William O. Haney v. Fred J. Russell, Circuit Judge of Muskegon County

Haney v. Russell, 59 N.W. 662 (Mich. 1894)
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Court
Michigan Supreme Court · State Highest Courts
Decided
July 5, 1894
Judges
McGrath, Other
Citations
59 N.W. 662101 Mich. 392
Headnotes
Mandamus — Costs—Final judgment — Writ of error. An order granting costs to the defendant in an action for trespass to lands, on the recovery by the plaintiff of a judgment for less than $100, is a final judgment, and mandamus will not lie to vacate the order, the remedy being by writ of error.1
Summary
Mandamus. Relator applied for mandamus to compel respondent to vacate a judgment in favor of the defendant for costs ‘in an action of trespass qu. cl. The facts are stated in the opinion.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — McGrath

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McGrath, C. J.

Relator brought trespass qu. cl. in the circuit. He was not in actual possession, and, in his declaration, set up title in himself. He recovered a judgment of $47.50, whereupon the court entered judgment in favor of defendant for costs. Relator asks for a mandamus to compel the court to vacate the order granting costs to defendant.

The order was a final judgment. All of the facts upon which the application is based are matters of record, and relator has another ample and specific remedy. The ques *393 tion is reviewable upon writ of error. McFarlane v. Ray, 14 Mich. 465 ; Singer Manfg. Co. v. Benjamin, 55 Id. 330.

We think the application must be denied.

The other Justices concurred.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1904: 11911: 11917: 11924: 11927: 119042026peak 1904 · 1

Relies on it most ⓘ

  1. Saint Michael's Monastery v. Steele167 P. 349 (Idaho 1917)
  2. Meyering v. Wayne Circuit Judge130 N.W. 305 (Mich. 1911)
  3. Schmidt v. Wayne Circuit Judge99 N.W. 877 (Mich. 1904)
  4. Michigan Public Utilities Commission v. Michigan State Telephone Co.200 N.W. 749 (Mich. 1924) · Dissent
  5. Garvey v. Judge of Superior Court216 N.W. 926 (Mich. 1927)

Most recent

  1. Garvey v. Judge of Superior Court216 N.W. 926 (Mich. 1927)
  2. Michigan Public Utilities Commission v. Michigan State Telephone Co.200 N.W. 749 (Mich. 1924) · Dissent
  3. Saint Michael's Monastery v. Steele167 P. 349 (Idaho 1917)
  4. Meyering v. Wayne Circuit Judge130 N.W. 305 (Mich. 1911)
  5. Schmidt v. Wayne Circuit Judge99 N.W. 877 (Mich. 1904)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
McFarlane v. Ray, 14 Mich. 465 (1866) 8

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