Bay v. Marshall
Annotate this CaseTwo cases were consolidated by the Supreme Court. In each of the underlying cases, the Petitioners sought relief in the form of writs of mandamus and prohibition. The Supreme Court found that the financial affidavits required for proceeding in forma pauperis were properly filed in each case. The Court found that the magistrate courts in each of the cases failed to perform a “non-discretionary duty” by requiring the posting of an appeal bond in one case, or the payment of a filing fee in the other. The Supreme Court found that the requested writs of mandamus should be granted as moulded.
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