State Ex Rel. Dickman v. Defenbacher

By the Court.

Originally, the object of this action was to prevent the disbursement of state funds by state officials. No restraining order was ever secured and the money was paid over as authorized and directed by the appropriating body.

Some of the members of this court entertain the opinion that when the appropriated funds were disbursed, there being no order in existence to prevent the disbursement, the case became “moot.”

Lending validity to this view is the case of Coke v. Shanks, Aud., 218 Ky., 402, 291 S. W., 362, where an action was brought against the state auditor, state treasurer and…