Codlin v. Kohlhausen

Codlin v. Kohlhausen, 181 U.S. 151 (1901)

Court: Supreme Court of the United States
Decided: April 15, 1901
Docket: No. 234
Judges: The Chief Justice: This Was a Petition Filed by Appellees in the District Court for Colfax County
Citations: 181 U.S. 15121 S. Ct. 58445 L. Ed. 7931901 U.S. LEXIS 1351

Syllabus

Judgment awarding a peremptory writ of mandamus directing the execution of certain county bonds for the construction of a courthouse and jail having been rendered in October, 1897, the case taken on error to the appellate tribunal in >1898, and affirmed in 1899, and the bonds having been, in the meantime, issued and sold and the building constructed, and the county officials, who were the original respondents below, and are appellants here, having gone out of office before this appeal was taken, the court is of opinion that the rule approved in Mills v. Green, 159 U. S. 651, and,in cases there cited, should be applied.

Summary

APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF NEW MEXICO. Motion to dismiss. The case is stated in the opinion of the court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion

*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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 14 cases

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Relies on it most ⓘ

DeFunis v. Odegaard529 P.2d 438 (Wash. 1974)
Chicago Great Western Ry. Co. v. Beecher150 F.2d 394 (8th Cir. 1945)
United States v. International Union, United Mine Workers of America190 F.2d 865 (D.C. Cir. 1951)
Adams v. United States ex rel. Palmer29 F.2d 541 (8th Cir. 1928)
Western Electric Co. v. Cinema Supplies, Inc.80 F.2d 111 (8th Cir. 1935)
Fleming v. Sebastiani161 F.2d 111 (9th Cir. 1947)

Most recent

DeFunis v. Odegaard529 P.2d 438 (Wash. 1974)
United States v. International Union, United Mine Workers of America190 F.2d 865 (D.C. Cir. 1951)
Southwestern Sugar & Molasses Co. v. United States21 Cust. Ct. 8 (Cust. Ct. 1948)
Fleming v. Sebastiani161 F.2d 111 (9th Cir. 1947)
Chicago Great Western Ry. Co. v. Beecher150 F.2d 394 (8th Cir. 1945)
City of West University Place v. Martin123 S.W.2d 638 (Tex. 1939)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

Depth	Case	Cited by
	Mills v. Green, 159 U.S. 651 (1895)	917

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