Judgment awarding a peremptory writ of mandamus directing the
execution of certain county bonds for the construction of a
courthouse and jail having been rendered in October, 1897, the case
taken on error to the appellate tribunal in 1898, and affirmed in
1899, and the bonds having been, in the meantime, issued and sold
and the building constructed, and the county officials, who were
the original respondents below, and are appellants here, having
gone out of office before this appeal was taken, the Court is of
opinion that the rule approved in Mills v. Green,
159 U. S. 651
in cases there cited, should be applied.
Motion to dismiss. The case is stated in the opinion of the
Page 181 U. S. 152
THE CHIEF JUSTICE:
This was a petition filed by appellees in the district court for
Colfax County, New Mexico, praying for a writ of mandamus directed
to Codlin, Chairman, and Salazar, Clerk, of the Board of County
Commissioners of the County of Colfax commanding them to officially
sign and execute certain bonds and deliver them to the designated
agent of the county for sale for the construction of a courthouse
The alternative writ of mandamus was issued and due return made,
whereupon, and after hearing, the district court ordered the
peremptory writ to issue, which was done, and the writ served,
October 23, 1897.
The case was carried on error to the supreme court of the
territory in June, 1898, and it appears from an affidavit in that
court that the mandate of the district court was obeyed and the
bonds issued and sold, and from an affidavit in this Court, that
the proceeds were used in the construction of the courthouse and
jail, which were completed on or about January 1, 1899. That
affidavit also states that Codlin ceased to be chairman or a member
of the board of county commissioners in January, 1899, and that
Salazar ceased to be clerk during or prior to March, 1899.
The territorial supreme court affirmed the judgment of the
district court August 28, 1899. 9 N.M. 565. An appeal from the
judgment of affirmance to this Court was allowed January 2, 1900,
and the record filed here March 28.
We think the cause comes within the rule applied in Mills v.
Green, 159 U. S. 653
and cases cited, and the order must be --
Dismissed without costs to either party.