State ex rel. United Bonding Co. of Indianapolis v. Kennedy

Missouri Court of Appeals

State ex rel. United Bonding Co. of Indianapolis v. Kennedy

364 S.W.2d 642, 1963 Mo. App. LEXIS 593

CourtMissouri Court of Appeals

DecidedFebruary 4, 1963

DocketNo. 23717

StatusPublished

Cited by3 cases

This text of 364 S.W.2d 642 (State ex rel. United Bonding Co. of Indianapolis v. Kennedy) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. United Bonding Co. of Indianapolis v. Kennedy, 364 S.W.2d 642, 1963 Mo. App. LEXIS 593 (Mo. Ct. App. 1963).

Pincite

Opinion

PER CURIAM.

This is a proceeding instituted by appellant in the Circuit Court of Jackson County for a writ of mandamus to compel respondent, Michael J. Kennedy, a Magistrate, to accept Relator as a bondsman. The Circuit Court denied the writ and Relator appealed.

We take judicial notice of the fact that Respondent no longer holds the office of Magistrate in Jackson County.

The general rule is that mandamus will not lie against an officer after the expiration of his term of office. 38 C.J. Mandamus, page 604, 55 C.J.S. Mandamus § 51 page 84. A writ directed to Respondent commanding him to accept Relator as a bondsman would be a useless thing.

Rélatomsáys that his case "involves a matter of public interest and for that reason should not be dismissed.' The petition discloses that Relator asserts only its private rights. The issue of public interest, if in the case at all, is so remote as to pror hibit application of the public- interest rule.

The question presented having become moot, the appeal is dismissed

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