State Ex Rel. Gresham v. Delaney

Peterson, Justice.

See State ex rel. Gresham v. Delaney, 212 Minn. 519, 4 N. W. (2d) 348.

In a civil action pending before respondent, a justice of the peace of the city of St. Paul, relator was defendant. She demanded a trial by jury and paid the statutory fee therefor of $12 for one day’s attendance of a jury. Respondent refused to issue a venire to the proper officer to summon a jury unless relator also advanced the costs and expenses, consisting of justice’s and constable’s fees, estimated to be $12. Relator refused to deposit the costs and expenses, claiming that the justice had no power…