State ex rel. Kearny v. Clerk of the Seventh District Court

The question presented in this case is, whether a defendant, who has given a bond for a suspensive appeal, must pay the clerk of tho lower court his fees for preparing the transcript before he can require the latter to deliver it.

'The clerk who refuses to deliver the transcript, cites as authority the cases of State v. Behrens, 17 An. 67, and State v. Phelps, 6 R. 308, hut we do not find them in point. In both those cases, as will appear, in the former by the report, and in the latter by the records of tho court, it was the plaintiff who appealed, and it was correctly decided that the fact…