People ex rel. Henderson v. Wayne Circuit Judge
People ex rel. Henderson v. Wayne Circuit Judge
40 Mich. 244
People ex rel. Henderson v. Wayne Circuit Judge
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.