Opinion
Docket No. 126, Calendar No. 36,455.
Submitted October 1, 1932. April, 1932.
Denied October 28, 1932.
Assumpsit by Liquidating Holding Corporation, a Michigan corporation, as assignee, against Mortgage Contract Company, a Michigan corporation, for breach of contract relating to sale of interests in real estate. (See 258 Mich. 476.) On plaintiff's motion for retaxation of costs. Submitted October 1, 1932. (April, 1932, Docket No. 126, Calendar No. 36,455.) Denied October 28, 1932.
Shapero Shapero ( Harold M. Shapero, of counsel), for plaintiff.
Goodenough, Voorhies, Long Ryan, for defendant.
This is an appeal from taxation of costs and involves an item of $631.56, premium on an appeal bond, given to stay proceedings and to pay the judgment if not reversed.
The judgment was reversed and a new trial granted, and plaintiff contends that, under our holding in Caswell v. Stearns, 259 Mich. 445, the premium on the bond cannot be taxed as costs. In the Caswell Case no execution could have issued on the judgment, and the only stay was against certifying the judgment to the probate court. Such is not this case. The rule applied in Behr v. Baker, 257 Mich. 487, governs, and the taxation by the clerk is affirmed, with costs to defendant.