113 P. 1018 | Utah | 1911
Upon tbe application and affidavit of tbe city attorney of Salt Lake City, wherein it was averred tbat be and bis assistants were wrongfully prevented and excluded by tbe judge of tbe city court from taking charge of and prosecuting cases, on behalf of tbe city in tbe city court, involving violations of city ordinances, an alternative writ of mandate was issued by us, commanding tbe judge to permit tbe city attorney and bis assistants to appear and prosecute such cases, or show cause. Tbe judge, on the service of writ, permitted tbe city attorney and bis assistants to appear in tbe city court, and to take charge of and prosecute such cases on behalf of tbe city, and in answer to tbe writ alleged such facts in compliance with tbe mandate of this court. He further alleged matters and things showing bis reasons for thereto
To properly dispose of this proceeding it is sufficient that the judge complied with the writ, and, in obedience to its requirements, granted the relator all that was commended, and all that he asked for by his application. We cannot see what further complaint the relator has, or what further defense the judge can make, except to have our judgment on a mooted question. The judge was commanded to do certain things or show cause. He did the things as commanded and showed cause. That is, he did the things as commanded, and so averred in his answer to the writ, which averments were admitted by the relator, and then also averred matters and things showing why he had, theretofore
It is so ordered.
