Michigan Supreme Court, 1878

People ex rel. Metcalf v. Auditor General

People ex rel. Metcalf v. Auditor General
Michigan Supreme Court · Decided January 8, 1878
38 Mich. 94; 1878 Mich. LEXIS 14
People ex rel. Metcalf v. Auditor General

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

Per Curiam.

The statute which makes the State liable for costs “in any civil suit or proceeding instituted by any officer duly authorized for that purpose” (Comp. L., § 6173) does not make the State liable in suits for penalties brought by supervisors for obstructing highways. These are purely local matters, and the statute of costs excludes State liability for costs on penal statutes. § 7407.

Mandamus refused.

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