
    William O. Haney v. Fred J. Russell, Circuit Judge of Muskegon County.
    
      Mandamus — Costs—Final judgment — Writ of error.
    
    An order granting costs to the defendant in an action for trespass to lands, on the recovery by the plaintiff of a judgment for less than $100, is a final judgment, and mandamus will not lie to vacate the order, the remedy being by writ of error.
    
    
      Mandamus.
    
    Argued June 26, 1894.
    Denied July 5, 1894.
    Relator applied for mandamus to compel respondent to vacate a judgment in favor of the defendant for costs ‘in an action of trespass qu. cl. The facts are stated in the opinion.
    
      Walter I. Lillie, for relator.
    
      Nelson DeLong, for respondent.
    
      
       See How. Stat. §§ 8964 (subd. 2, 6), 8967, regulating the matter of costs in such cases.
    
   McGrath, C. J.

Relator brought trespass qu. cl. in the circuit. He was not in actual possession, and, in his declaration, set up title in himself. He recovered a judgment of $47.50, whereupon the court entered judgment in favor of defendant for costs. Relator asks for a mandamus to compel the court to vacate the order granting costs to defendant.

The order was a final judgment. All of the facts upon which the application is based are matters of record, and relator has another ample and specific remedy. The question is reviewable upon writ of error. McFarlane v. Ray, 14 Mich. 465; Singer Manfg. Co. v. Benjamin, 55 Id. 330.

We think the application must be denied.

The other Justices concurred.  