Stanley v. Bell Cty. District Clerk (Original)
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Realtor Darrell Stanley filed a motion for leave to file a writ of mandamus pursuant to the original jurisdiction of the Supreme Court. In it, he contended that he filed an application for a writ of habeas corpus in the 264th District Court of Bell County, but the District Clerk refused to accept the writ application for filing because he added pages to it. The Clerk's response acknowledged that Relator's statement was correct. Although the District Clerk has the authority to return an application when an applicant is not using the correct form, the Supreme Court determined that the Relator appeared to have used the correct form and appeared to have substantially complied with the instructions. Mandamus relief was therefore conditionally granted, and the District Clerk of Bell County was instructed to accept Relator's application for filing with the additional pages.
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