People v. Harlow
Illinois Supreme Court
This was a motion for a mandamus to George H. Harlow, clerk of Tazewell county, Illinois, to compel him to issue a writ, etc.
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This was a motion for a mandamus to George H. Harlow, clerk of Tazewell county, Illinois, to compel him to issue a writ, etc. The petition states that the relator, on the 11th of April, 1862, the respondent being the clerk of the Circuit Court of Tazewell county, Illinois, presented a precipe for a summons against one Smith Mosher, Jr. ; that the clerk filed the precipe and docketed the suit, and made out a writ in due form of law, and then presented the relator with a bill of costs amounting to fifty cents, which the relator refused to pay; and thereupon the clerk refused to deliver the…
1Opinion of the CourtCaton, C. J.
This application for a mandamus is made to compel the clerk of the Tazewell Circuit Court, to issue a summons upon a certain precipe remaining in that court. The case shows that the plaintiff in the action applied for summons, which the clerk made out, and also made out his bill for fees allowed him by law for issuing the summons,, payment of which he demanded, and without the payment of which he refused to deliver the process. And in this we have no doubt he was right. The clerk, is entitled to his fees as the services are performed. In the case of Morgan v. Griffin, 1 Gilm. 565, this court…
2Cited by11 opinions
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- Weisenborn v. PeopleAppellate Court of Illinois · 1894
- Kennedy v. State Public Utilities CommissionIllinois Supreme Court · 1919
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