State Ex Rel. Ake v. Kansas City, Mo.

This is a proceeding in mandamus seeking the reinstatement of a public officer upon the payroll, and to compel the pay ment of salary after alleged unlawful discharge. The only question presented for our consideration is, Will a mandamus proceeding survive the death of such officer?

Briefly stated, the material facts are that Preston R. Ake was a fireman at the general hospital in Kansas City, Mo., holding' said position under the provisions of the city charter relating to civil service. In July, 1923, Ake instituted this proceeding in mandamus to effect his physical reinstatement to the…