State ex rel. Jackson v. Prather

The opinion of the court was delivered by

Mason, J.:

The state, on the relation of the attorney-general, asks a mandamus against Van B. Prather requiring him to make a report of the fees collected by him while probate judge of Wyandotte county, and to deliver a book containing a record of them. The county commissioners and county auditor join as plaintiffs.

*171The defendant suggests that mandamus can not be maintained against him, because he has resigned and his term has expired. The proceeding was begun while he was in office, and if it was then his duty to do the act demanded of him, and no one…