People ex rel. Hale v. Onondaga C. P.

Headnote

A party resist. ingamandam. co™t, by re. l^ors^to plead" or demur, and subsequently joining in de. MetoThe^costs of the demurment°n ¿eing renderedin iors.°f the reIa"

Motion for costs against party defending in a case of manc¡amus, Hale and McClure had obtained an alternative mandamus to the Onondaga common pleas, to vacate a rule in an appeal case granted by them, in favor of one Edmund Millard, the appellant below. On the coming in of the return v , ° . to the alternative mandamus, the relators were required on motion of Millard to plead or demur. They demurred and served a copy of the demurrer on the attorney of Mil^ai'd, wb° joined in demurrer, signing the joinder as “ Attor- and counsel for Edmund Millard appellant, on behalf °f the judges of the court of common pleas- in and for the county of Onondaga.” Subsequently a judgment was rendered in this court in favor of the relators and costs taxed, which having been demanded of Millard and not paid, an attachment was now asked for.