Wheeler v. Meyer

Decided June 28, 1893

Michigan Supreme Court · decided 1893-06-28

<p>Costs — Judgment against sureties.</p> <p>Where a judgment in favor of a non-resident plaintiff, who haa given security for costs, is reversed, and the case remanded for a new’ trial, costs cannot be awarded under How. Stat. § 7663, against the surety;1 citing Ortmann v. Bank, 42 Mich. 464.</p>

Cited by 1 later decisions — most recently May 2015

Relies on Ortmann v. Merchants' Bank · Wheeler v. Meyer

Good law ✅— No negative treatment on recordhow we know

Decided 1893-06-28

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Per Curiam.

¶1On March 28, 1893, the defendants5 costs were taxed at $236 by the clerk of this Court, upon a judgment of this Court theretofore rendered against the plaintiffs, reversing the judgment of the circuit court for the county of Wayne, and ordering a new trial.2 Plaintiffs, being non-residents, were required to give security for costs, which, on May 15, 1893, they did, in compliance with an order of the Wayne circuit court. An execution issued for the collection of said judgment, and was returned unsatisfied on the 6th day of June, 1893, and the next *243day defendants’ counsel filed a certified copy of the undertaking, and moved this Court for an amendment of the judgment, so that it should include and run against the sureties for costs.

¶2The case is governed by Ortmann v. Bank, 42 Mich. 464.

¶3The motion will be denied, with costs.

¶4 See Wheeler v. Meyer, 95 Mich. 36.