McHenry v. Humes

Maxwell, Judge:

This is a writ of error to an order of the circuit court of Marshall County refusing a writ of mandamus.

Plaintiff in error, relator, having dismissed a chancery proceeding at Rules, demanded of the clerk that he return to the relator $12.50 of a fee of $15.00 which he had paid to the clerk upon the institution of the cause. The clerk’s refusal precipitated this proceeding in mandamus.

Relator says that the only fees which were earned in the cause were $1.75 by the clerk for issuing process, recording return and making necessary entries; and 75 cents by the sheriff for serving…