People ex rel. Kempner v. Wilson

The relators apply for a peremptory writ of mandamus requiring the respondent, as clerk of the Municipal Court for the eleventh district, to return to them the trial fee of three dollars, exacted by him from them, pursuant to rule 12 of the Board of Municipal Justices, passed agreeably to the authority conferred by section 1375 of the charter. The rule provides that “ Trial fees paid to the clerk shall in no case be returned to the plaintiff after issue has been joined, except in cases where the answer has been withdrawn before inquest taken or trial had.”' It appears that the relators…