United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States v. Boutwell, 84 U.S. 17 Wall. 604 604 (1873)

United States v. Boutwell

84 U.S. 604

Syllabus

In the absence of statutory provision to the contrary, a mandamus against an officer of the government abates on his death or retirement from office. His successor in office cannot be brought in by way of amendment of the proceeding or on an order for the substitution of parties.

Mr. R. W. Corwine, in behalf of the owners of an order on the Treasury of the United States, had applied

Page 84 U. S. 605

to the Supreme Court of the District of Columbia for a mandamus on the Hon. G. S. Boutwell, then Secretary of the Treasury, to pay it. That court refused the mandamus, and the case was brought, on error, by the relators here. After it had got into this Court, Mr. Boutwell resigned his place of Secretary and the Hon. W. A. Richardson was appointed to it. Hereupon Mr. Corwine moved for leave to bring in and substitute Mr. Richardson on the record as defendant in the place of Mr. Boutwell. It did not appear that any application had been made to Mr. Richardson as Secretary to pay the draft. Mr. Richardson, by his counsel, opposed the motion.

Page 84 U. S. 607