State ex rel. Swords v. Estorge

Citations

• 110 La. 479
• 34 So. 643
• 1903 La. LEXIS 658

Syllabus

<p>LICENSE PEES — ACTION TO RECOVER — APPEAL BY COLLECTOR — PAYMENT OP COSTS— RULE ON CLERK OP COURT-COSTS.</p> <p>1. In an action brought by the state tax collector, on behalf of the state and of a parish, to recover a license, judgment was rendered in favor of defendant by a single decree.</p> <p>The tax collector appealed, but the clerk of court refused to deliver to him the transcript of appeal until after he had been paid his costs for the same, on the ground that, though he could not exact prior payment of his costs as against the state/ he could do so as against the parish. Held, his refusal was unjustifiable.</p> <p>2. The clerk, having been ruled by the Supreme Court to show cause why he should not deliver the transcript, did so before action was taken on the rule. The rule, therefore, was discharged, but at respondent’s costs.</p> <p>(Syllabus by the Court.)</p>