Hyperlawhypertext legal database People ex rel. Holly v. Supervisors of Columbia 5 Cow. 291

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People ex rel. Holly v. Supervisors of Columbia

5 Cow. 291 Court N.Y. Sup. Ct. English

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p. 291
The People ex rel. Holly, against The Supervisors of Columbia. The Same, ex rel. Waterman, against The Same.

Headnote

Costs are not usually given, on granting an alternative or peremptory mandamus on motion.
If the party will secure costs, he should go to his demurrer, or issue of fact.
On taking the rule both for the alternative and peremptory- mandamus in this cause, it was entered by the attorney with costs ; which the defendants refused to pay; and now moved to strike out of the rule. (See the report of these cases, 4 Cowen, 146.)
T Bay, for the motion.
C. Bushnell, contra.

Costs were not ordered in these causes ; and generally we do not give them, on granting either.an alternative or peremptory mandamus on-motion. If the relator wishes to secure costs, he must go to his demurrer or issue of fact.

Motion granted.