Pullman Co. v. Croom

Citations

• 231 U.S. 571
• 34 S. Ct. 182
• 58 L. Ed. 375
• 1913 U.S. LEXIS 2520

Syllabus

<p>A suit to enjoin a public officer from enforcing a statute is personal, and in the absence of statutory provision for continuing it against his successor, abates upon his death or retirement from office. United States v. Boutwell, 17 Wall. 604.</p> <p>The only exceptions recognized to this rule are boards and bodies of quasi-corporate character having continuous existence. Marshall v. Dye, ante, p. 250.</p> <p>The act of February 8, 1899, c. 121, -30 Stat. 822, providing for substituting the successors in office of public officers, applies only to Federal officials and not to state officials.</p> <p>Where, the only state official, as to whom an injunction against enforcing a state statute has been applied for under § 266 of the Judicial Code and denied, dies pending the appeal, the action abates and the appeal to this court will be dismissed.</p> <p>In such a ease an order based upon a stipulation continuing the case against the successor of the deceased defendant must and can be vacated, there having been no final judgment in the case.</p> <p>The fact that other officials had been joined as defendants cannot give this court jurisdiction of an appeal from an order denying an injunction applied for under § 266 of the Judicial Code where the injunction had only been asked against an officer who has died pending the appeal.</p>