Strang

In this proceeding the petitioner seeks a writ of mandate directed to Benjamin C. Strang, in his official capacity as justice of the peace of Pasadena township, directing him to enter a judgment by default in favor of petitioner in a certain action pending in the court of said justice, wherein petitioner is plaintiff and J. R. Robinson and wife are defendants.

It appears that petitioner at the time of filing his complaint in said justice’s court paid the filing fee of two dollars; that summons was issued and duly served upon defendants therein named; 'that the time for answering said complaint having expired and no answer or other plea to said complaint' being interposed by defendants, plaintiff demanded of said justice that he enter a default judgment against said defendants; that said justice, conceding that plaintiff was entitled thereto, nevertheless refused to enter the same except upon payment made by plaintiff of a fee of two dollars in addition to that theretofore paid upon the filing of the complaint, which, petitioner refused to pay.

The contention of petitioner is that this additional fee demanded by the justice for the rendition and entry of judgment by default is…