Michigan Supreme Court, 1886

Derby v. Circuit Judge

Derby v. Circuit Judge
Michigan Supreme Court · Decided February 10, 1886
1 McGrath 486; 60 McGrath 1

Derby v. Circuit Judge

Opinion of the Court

To require the respondent, to issue a distringas to enforce the collection of costs awarded in proceedings by a railroad company to condemn land for a right of way.

Denied February 10, 1886.

Held, that the remedy provided by statute for such proceeding is exclusive, and that the failure to pay the expenses, costs and counsel fees awarded, within sixty days after confirmation of the report of the jury, is a waiver and abandonment of such proceeding.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.