Osthoff v. Flotte

The opinion of the court was delivered by

Miller, J.

This is an application for a mandamus to compel the clerk of the Civil District Oourt to issue, without charge, a copy of the naturalization papers of the relator, and the appeal is by the clerk, from a judgment making peremptory the mandamus.

The relator’s reliance is on the 32d section of Act No. 123, p. 164, of 1880, which required the clerk to issue the copy on the application of the party, and without charge. The clerk bases his refusal on the subsequent Act No. 136 of 1880 authorizing the clerk to charge for copies generally.

The title of…