Kozminsky v. Williams
California Supreme Court
APPEAL from a judgment of the Superior Court of the City and County of San Francisco. John M. Seawell, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtBeatty, C. J.
—The defendant is justices’ court clerk of the city and county of San Francisco, and he prosecutes this appeal from a judgment of the superior court awarding a writ of mandate commanding him to file an affidavit and undertaking on attachment and to issue the proper writ.
The controversy arises out of the fact that the defendant demanded^ the payment of certain fees as a condition of filing the papers and issuing the writ, which the plaintiff contends (and the superior court has found) he was not required to pay. The case is governed by the act of March 28, 1895, establishing the fees of…
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