I. X. L. Lime Co. v. Superior Court

On the verified petition of the plaintiffs, alleging that the superior court of Santa Cruz County had, in an action pending therein, wherein these plaintiffs were defendants and one Henry Steen was plaintiff, exceeded its jurisdiction, and that there was no appeal or plain, speedy, or adequate remedy, a writ of review was issued by this court, directed to the said superior court and the judge thereof, commanding them, within twenty days after service of the writ, to certify to this court a transcript of the record and proceedings in the action aforesaid, in order that the same might be reviewed by this court.

The clerk of said court, the officer upon whom the duty of returning the transcript required is imposed by the law, has failed to make such return, but in response to the writ filed his affidavit, from which it appears that at the time of the service of the writ upon him he demanded certain fees, which, he claims, he was compelled by law to charge and collect for making and certifying such return, that said demand was refused, and that such fees have never been tendered or paid to him.

The judge of the court has also filed his affidavit, stating that he directed said clerk…