State Ex Rel. Apple v. Pence

In coming to a conclusion the court below considered five stated questions. It will be necessary here to examine only one of these questions, viz.: “3. When a court is asked to exercise the extraordinary power of mandamus, is it limited to a consideration of the facts and conditions as they existed at the time the proceeding was initiated, or must it take into consideration the facts and conditions existing at the time it determines whether or not a peremptory writ should issue?” The Court of Appeals held: “Plaintiff’s rights must be determined as of February 11, 1939, and hence the…