State Ex Rel. Hernandez v. McConahey

The appeal must be dismissed for two reasons: (1) There is no order nor judgment in the record to be appealed from, and (2) the question is moot.

The issue was presented to the circuit court on the petition, which contained a stipulation of facts, and upon arguments of counsel. In the memorandum opinion filed by Judge Murphy, he rejected the contention that the statute was unconstitutional and concluded the statutory fee to be advanced was $37 rather than the $44 demanded by the clerk, and that the clerk make such charge; and that the petitioner was entitled to a trial by jury.

The memorandum…