Kelly v. Ryan

The opinion of the court was delivered by

Scott, J.

— In a certain action commenced by respondent against one Wallerstein, in the superior court of Pierce county, judgment was rendered in favor of the plaintiff. Thereafter, said judgment being unpaid, the attorney for the plaintiff made an affidavit for a writ of garnishment against one Williams, and thereupon applied to appellant, the clerk of said court, for such writ, who refused to issue the same unless an advance fee of §4 was paid. Plaintiff refused to make such payment, and applied to said court for a writ of mandate to compel the…