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STATE EX REL. CLARK v. HILLEBRANDT

No. 640.

146 So.2d 718 (1962)

In the Matter of STATE ex rel. Etienne CLARK, Plaintiff and Appellee, v. Acton HILLEBRANDT, Clerk of Court, Defendant and Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied November 28, 1962.

Attorney(s) appearing for the Case

Henry L. Yelverton, Lake Charles, for defendant-appellant.

Simon & Trice, by J. Minos Simon, Lafayette, for relator-appellee.

Francis E. Mire, Lake Charles, for plaintiff-appellee.

Before FRUGÉ, SAVOY and CULPEPPER, JJ.

CULPEPPER, Judge.

This is a mandamus suit against the clerk of court of Calcasieu Parish to compel him to issue subpoenas for the personal appearance of relator's witnesses in a pending forma pauperis suit. The clerk had refused to issue the summonses unless the relator deposited witnesses fees and travel expenses as provided in LSA-C.C.P. Arts. 1352-1353 and LSA-R.S. 13:3661. After hearing, the district judge ordered the clerk of court to issue the subpoenas and...

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