State ex rel. King v. Webster

• Decision Date: 11 April 1911
• Citation: 58 Or. 376,114 P. 932
• Parties: STATE ex rel. KING v. WEBSTER.
• Court: Oregon Supreme Court

114 P. 932

58 Or. 376

STATE ex rel. KING v. WEBSTER.

Supreme Court of Oregon

April 11, 1911

Appeal from Circuit Court, Multnomah County; Earl C. Bronaugh, Judge.

Proceedings upon a writ of mandamus by the State of Oregon, on the relation of H.C. King, against Lionel R. Webster. Cause dismissed, and plaintiff appeals. Appeal dismissed.

H.C. King, for appellant.

Zera Snow, for respondent.

EAKIN, C.J.

This is a proceeding upon a writ of mandamus issued upon the relation of H.C. King, requiring the defendant, Webster, county judge of Multnomah county, to render a verified statement to the county auditor of the amount due him for services each month since July 1, 1906, and to set out in detail the time he was absent from his office during that period, other than on official business, as required by section 3059, L. O.L., or show cause why he should not be required to do so. A demurrer to the writ was sustained by the circuit court, and the cause dismissed. Plaintiff appeals.

It appears that the defendant resigned from the office of county judge in May, 1910, at which time he ceased to exercise the office or act as county judge of Multnomah county; and section 3059, if applicable to county judges, which we do not decide, is functus officio as to duties required of defendant during the time he exercised the office. The controversy is at an end. The conditions have so changed that any judgment rendered upon this appeal could not be made effective. State ex rel. v. Grand Jury, 37 Or. 542, 62 P. 208; Moores v. Moores, 36 Or. 261, 59 P. 327; State ex rel. v. Fields, 53 Or. 453, 101 P. 218. Therefore this court will not determine the question suggested.

The appeal is dismissed.