State Ex Rel. Kansas City v. Coon

ON Motion for Rehearing.

RAGLAND, J.

Relator insists that it is entitled to a rehearing for the reason, among others, that our original opinion herein is contrary to the overwhelming weight of authority to the effect that payment to a de facto officer of the salary incident to the office is a complete defense to an application of the de jure officer, upon his restoration to office, for mandamus to1 compel the payment of the salary to him. The efficacy of such defense was not considered, because not raised by either pleading or brief on behalf of relator. The contention was, that to compel…