Miserak v. Terrill

This is a petition for a writ of, extraordinary relief in the nature of mandamus to the clerk of the Caledonia County Court.

The petitioner sought to file her libel for divorce with the petitionee, Barbara Terrill, clerk of said court, without the payment of fees as required by 32 V.S.A. § 1431. In support of her request, the petitioner filed a verified petition with the clerk stating the facts and reasons why she could not afford mandated fees and service costs. The county clerk returned the petition stating that there was no entry fee paid and that under 32 V.S.A. § 1431 she had no authority…