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NAYLOR v. PETUSKEY

No. 79123.

834 P.2d 439 (1992)

Richard E. NAYLOR, Petitioner, v. Thomas PETUSKEY, Court Clerk in and for the District Court of Oklahoma County, Oklahoma, Respondent.

Supreme Court of Oklahoma.

June 23, 1992.

Attorney(s) appearing for the Case

James M. Levine, Oklahoma City, for petitioner.

Robert H. Macy, Dist. Atty. for Oklahoma County, Hugh M. Manning, Asst. Dist. Atty., Oklahoma City, for respondent.

ALMA WILSON, Justice:

The issue in this original proceeding is whether the Court Clerk for the District Court of Oklahoma County, Oklahoma, may charge and collect the jury fee prescribed in 28 O.S. 1991, § 152.1 more than one time before a jury trial is had in a pending action. This issue challenges the authority of a court clerk to require a party litigant to pay the statutory jury fee as a prerequisite to filing another...

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