CODLIN
v.
KOHLHAUSEN

U.S. | 1901-04-15
No. 234
181 U.S. 151 Supreme Court of the United States (1901) Caution
Also reported at: 45 L. Ed. 793 · 21 S. Ct. 584 · 1901 U.S. LEXIS 1351 · SCDB 1900-154
Cited by 29 cases

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Synopsis

County commissioners in New Mexico sought mandamus relief to compel county officials to sign and execute bonds for courthouse and jail construction, which the District Court granted and the Territorial Supreme Court affirmed. The U.S. Supreme Court dismissed the appeal as moot because the bonds had been issued, sold, the courthouse and jail had been completed, and the officials in question had left office before the appeal was decided.

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Opinion of the Court
The Chief Justice

[*152] The Chief Justice

: This was a petition filed by appellees in the District Court for Colfax County, New Mexico, praying for a writ of mandamus directed to Codlin, chairman, and Salazar, clerk, of the Board of County Commissioners of the county of Colfax, commanding them to officially sign and execute certain bonds and deliver them to the designated agent of the county for sale, for the construction of a courthouse and jail.

The alternative writ of mandamus was issued and due return made, whereupon, and after hearing, the District Court ordered the peremptory writ to issue, which was done, and the writ served, October 23, 1897.

The case was carried on error to the Supreme Court of the Territory in June, 1898, and it appears from an affidavit in that court that the mandate of the District Court was obeyed and the bonds issued and sold ; and from an affidavit in this court that the proceeds were used in the construction of the courthouse and jail, which were completed on or about January 1, 1899. That affidavit also states that Codlin ceased to be chairman or a member of the Board of County Commissioners in January, 1899, and that Salazar ceased to be'clerk during or prior to March, 1899.

The Territorial Supreme Court affirmed the judgment of the District Court, August 28, 1899. 9 N. Mex. 565. An appeal from the judgment of affirmance to this court was allowed January 2, 1900, and the record filed here March 28.

We think the cause comes within the rule applied in Mills v. Green, 159 U. S. 651, 653, and cases cited, and the order must be

Appeal dismissed without costs to either party.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (12 total)

  • Brownlow v. Schwartz, 261 U.S. 216 (U.S. 1923)
    …h had already passed beyond recall. One would be as vain as the other. To adjudicate a cause [*218] which no longer exists is a proceeding which this Court uniformly has declined to entertain. See Mills v. Green, 159 U. S. 651; Codlin v. Kohlhausen, 181 U. S. 151; Little v. Bowers, 134 U. S. 547, 556; Singer Manufacturing Co. v. Wright, 141 U. S. 696, 699; American Book Co. v. Kansas, 193 U. S. 49; United States v. Hamburg-American Co., 239 U. S. 466, 475; Berry v. Davis, 242 U. S. 468, 470; Board of Public…
  • Jones v. Montague, 194 U.S. 147 (U.S. 1904)
    …or proof. . . . It is obvious, therefore, that, even if the bill could properly be held to present a case , within the jurisdiction of the Circuit Court, no relief within the scope' of the bill could now be granted.” See also Codlin v. Kohlhausen, 181 U. S. 151; Tennessee v. Condon, 189 U. S. 64. The case before us is one in prohibition. It is so declared by the petitioners in their petition, and the thing sought to be prohibited was a canvass of the votes cast at the election on November 4, 1902. The fac…
  • Am. Book Co. v. The State of Kan. Ex rel. Nichols, 193 U.S. 49 (U.S. 1904)
    …cord, may be proved by extrinsic evidence.” The principle was discussed at some length and many illustrations of its enforcement were given. It has had illustration since. New Orleans Flour Inspectors v. Glover, 160 U. S. 170; Codlin v. Kohlhausen, 181 U. S. 151. The case at bar is certainly within the principle. • The judgment has been complied with. It makes ho difference that plaintiff in error “ felt coerced ” into compliance. A judgment usually has a coercive effect, and necessarily presents to the pa…

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