Ex parte Tinkum

Citations

• 54 Cal. 201

Syllabus

<p>Jurisdiction—Abatement—Contempt.—'Where, pending an application for a writ of mandate to a County Treasurer, his term of office ceases, but judgment is afterward rendered against him, and the writ issued, the judgment and writ have no force against his successor; and proceedings against such successor for contempt for refusing to obey the writ, are void for lack of jurisdiction.</p> <p>Parties.—In an action against a public officer, upon his going out of office, his successor docs not become a party to the suit, and is not affected by the proceedings, until made a party under the provisions of § 3S5 of the Code of Civil Procedure.</p>