Edward Douglass White

“ But without affixing to the statute a latitudinarian meaning, upon the theory that to do so is essential to give effect to its purpose and intent, and bring every interlocutory decree within its reach, we are of opinion that to exclude an interlocutory decree of the character of the one here involved from the operation of the statute would be to frustrate its plain purpose by a too rigid and unreasoning adherence to its letter. ”

“ On such appeal the Automobile Supply Company furnished the clerk of the court below a complete printed record accompanied with a written index of the contents of the same, and, in consequence of a demand made by the clerk, deposited under protest the sum of $696 as a fee due the clerk for supervising the printed record so furnished. When, after a hearing, the court reversed the decree of the trial court, the Automobile Supply Company called upon the clerk either to refund the money charged for supervision, or to include it in his statement of the costs to be entered on the mandate. ”

“ We decline to allow leave to file the petition for mandamus, but grant the petition for certiorari, and, conformably to the stipulation of the parties, treat the document made a part of this proceeding as the record for the purpose of the certiorari, and proceed to act upon the same, treating the case as under submission on the merits. ”