State ex rel. Clark v. Hillebrandt

By this suit the plaintiff prays that a writ of mandamus issue to the respondent Clerk of Court ordering him to issue subpoenas for certain witnesses. (In a pending other civil suit, the Clerk had refused to issue these subpoenas unless the plaintiff first deposited certain funds with him.) The respondent Clerk appeals from judgment ordering him to issue such subpoenas.

The plaintiff-appellee has filed in this Court a motion to dismiss the appeal, urging that we are without appellate jurisdiction because the matter at bar is a civil controversy involving less than one hundred dollars.

Under…