State ex rel. Atchinson & Nebraska Railroad v. Board of County Commissioners
Nebraska Supreme Court
This was a motion for an order of the court requiring the clerk to file and enter upon the appearance docket, and other proper records, the application of the relator for a writ of mandamus against the defendants.
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This was a motion for an order of the court requiring the clerk to file and enter upon the appearance docket, and other proper records, the application of the relator for a writ of mandamus against the defendants. The grounds for the motion were that the clerk liad refused to file the application, unless the relator paid the fee of ten dollars imposed by the provisions of section twenty-six, of chapter twenty-two, of the General Statutes 1873, entitled “ Fees.” ' These sections of that chapter were enacted in 1867, in pursuance to a clause contained in the constitution then in force, and…
1Opinion of the CourtGantt, J.
The only question raised by this motion is, whether section 26, chapter XXII, General Statutes of 1873, requiring a tax to be paid on the commencement of any suit in the supreme court, is inconsistent with the new constitution.
The act provides that “upon the commencement of any suit in the supreme court, the party so entering the same, shall pay to the clerk of that court the sum of ten dollars.” The act further provides that if the person desiring to commence a suit, shall file with the clerk an affidavit, that he is unable on account of poverty, to pay *541the fee, the clerk shall enter the…
2Cases cited1 opinion
- Providence Bank v. BillingsSupreme Court of the United States · 1830
3Cited by29 opinions
- State Ex Rel. Capitol Addition Bldg. Commission v. ConnellyNew Mexico Supreme Court · 1935
- Swanson v. StateNebraska Supreme Court · 1937
- Henderson v. State ex rel. StoutIndiana Supreme Court · 1894
- Malin v. County of LamoureNorth Dakota Supreme Court · 1914
- Elmen v. State Board of Equalization & AssessmentNebraska Supreme Court · 1930
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