State Ex Rel. Reynolds v. Smith

We deem the issues on this appeal to be: (1) Did respondent rightly refuse to sign the instant check which was issued at the request of the attorney general, in the form of a voucher that had been properly audited, as security for costs in a federal court action that the attorney general had instituted pursuant to the direction of the governor?(2) If the foregoing question be answered in the negative, have subsequent events rendered moot the relief requested with respect to compelling the state treasurer to sign such check ?

In resolving the first-stated issue we think it advisable to consider…