
    People ex rel. Thomas Henderson v. Wayne Circuit Judge.
    
      Execution for costa on interlocutory order.
    
    Execution does not lie to enforce an order imposing costs as a condition to a continuance, when the continuance has been waived.
    Mandamus to vacate an order granting execution upon an interlocutory . order.
    Motion submitted and granted January 21.
    
      Griffin d Dickinson and H. A. Chaney for the writ.
    
      Chas. M. Swift and Hoyt Post against.
   Per Curiam.

A continuance had been granted in the court below on condition of the payment of costs. The party upon whom cost's had been imposed preferred to waive the continuance rather than pay the costs, but the court held he could not do so, imposed the costs absolutely, and issued execution to enforce the order.

Held that mandamus would lie to recall the execution and rescind the order granting costs.  