Thoms v. John R. Thompson Co.

Before any writ of certiorari sliall issue, unless sued out in forma pauperis, the applicant must “produce a certificate from the officer whose decision or judgment is the subject-matter of complaint, that all costs which may have accrued on the trial below have been paid.” Civil Code (1910), § 5185. “Where such certificate was not made by the ‘ officer whose decision or judgment is the subject matter of complaint,’ but by the clerk of the court, this was not a compliance with the positive requirements of this section of the code, and a motion to dismiss the certiorari on this ground, made in…