State ex rel. Blum v. Wells

Citations

• 111 La. 463
• 35 So. 641
• 1903 La. LEXIS 549

Syllabus

<p>APPEAL—RECORD—BILL OE COSTS—MANDAMUS —CLERK OF COURT—REFUSAL OF RECORD.</p> <p>1. A clerk of the district court should, in anticipation of a demand made upon him for the delivery of a transcript of appeal, prepare a bill of costs, and have same approved by the district judge. If he does not do this, and a contest arises as to the correctness of the bill, and the clerk refuses to deliver the record, the most appropriate and expeditious course for appellant to pursue is to apply to the district court for a mandamus to the clerk. He has a concurrent right, however, to apply to the Supreme Court.</p> <p>2. A district clerk, who himself pays a sheriff his costs for making service of citations of appeal, has no right to refuse delivery of the transcript of appeal to appellant until he should have been reimbursed the amount.</p> <p>(Syllabus by the Court.)</p>