People v. Rockwell
| Citation | 2 Scam. 3,3 Ill. 3,1839 WL 2838 |
| Parties | THE PEOPLE OF THE STATE OF ILLINOIS, ex rel. JESSE B. THOMAS, a Com. of the board of public works,v.DENNIS ROCKWELL, Clerk of the circuit court of Morgan county. |
| Decision Date | 31 December 1839 |
| Court | Illinois Supreme Court |
The following stipulation was filed by the attorneys of the respective parties:
“Supreme court of the state of Illinois.
State of Illinois v. Burton.
Same v. Weatherbee.
Same v. Blodgett.
Same v. Million.
That the following is a true statement of the facts upon which this motion is predicated; and the opinion of the court is solicited upon the law thereon.
These cases were instituted to assess damages and obtain the right of way, under the law establishing the Internal Improvement System. The commissioner for the first judicial circuit, Jesse B. Thomas, Esq., prayed and obtained an appeal to this court, and directed the clerk of the Morgan circuit court, where the cases were pending, to make out the records of the proceedings of the court below, which the said clerk has accordingly done, and placed the same in the hands of J. J. Hardin, Esq., as his agent, to deliver the same records to the agent of the state, upon the payment to the agent of said clerk, his fees thereon.
The agent of the state denies that according to the laws of this state, the state is bound to pay costs, and insists that the said clerk is bound to furnish the said records without the payment of costs or fees; and, on the contrary, the clerk insists that he is entitled to his fees for making out a copy of the records, before the delivery of said records.
Upon this state of facts, the parties aforesaid submit the question to the court, whether the said clerk is or is not bound to deliver said records without previous payment of fees thereon.
‘Upon this statement of facts, the state of Illinois asks a mandamus against Dennis Rockwell, the clerk of the circuit court of Morgan county, commanding him to deliver over to the agent or attorney for the state, the copies of the records in the aforesaid causes.
The motion is denied. The clerks of the circuit courts are not bound to perform service for the state, in civil causes, without compensation. They are entitled to the same fees that they would be entitled to receive from private persons. A clerk is...
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...504; Cooper v. Frierson, 48 Miss. 300, 310. The early cases, People ex rel. Maus v. Harlow, 29 Ill. 43, and People ex rel. Thomas v. Rockwell, 2 Scam. 3, 3 Ill. 3, hold that a clerk may insist upon the payment of a filing fee as a condition precedent and that mandamus will not lie to compel......
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