Murray v. Lehman
Mississippi Supreme Court
Appeal from Circuit Court of Warren County. Hon. Warren Cowan, Judge. Mandamus by appellant to compel the clerk of the circuit court to file his declaration in a suit at law without prepayment of the “ docket fee ” required by “an act to make the County of Warren, in this State, a separate circuit and chancery court district, and to provide for defraying the expenses of courts therein,” approved April 11,1876, on the ground that that act violated Article XII, § 20, of the…
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Appeal from Circuit Court of Warren County. Hon. Warren Cowan, Judge. Mandamus by appellant to compel the clerk of the circuit court to file his declaration in a suit at law without prepayment of the “ docket fee ” required by “an act to make the County of Warren, in this State, a separate circuit and chancery court district, and to provide for defraying the expenses of courts therein,” approved April 11,1876, on the ground that that act violated Article XII, § 20, of the Constitution of Mississippi. The circuit court refused the mandamus and the relator appealed. 1. The act violates Article…
1Opinion of the CourtCampbell, C. J.
This case presents the question of the validity or invalidity of that part of “An Act to make the County of Warren, in this State, a separate circuit and chancery court district, and to provide for defraying the expenses of the courts therein,” apjnoved April 11, 1876, which requires the payment of a docket fee “upon each suit, petition, appeal, administration, guardianship, or other matter or proceeding of a civil nature brought or opened in said courts or either of them.” The act prescribes the amount of the fee in each case, varying according to amount involved, and to be not less than…
2Cited by4 opinions
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