State ex rel. Bauer v. Sunset Telephone & Telegraph Co.

Citations

• 30 Wash. 676
• 71 P. 198
• 1903 Wash. LEXIS 364

Syllabus

<p>APPEAL-CESSATION OF CONTBOVEBSY-EIGHT OF BESPONDENT TO DISMISSAL.</p> <p>Where a subscriber for a telephone obtained a peremptory writ of mandate compelling the telephone company to publish a directory containing his name within a given time, prior to its regular date of publication, from which order the company, instead of complying, took an appeal and filed a supersedeas bond, but, pending the appeal, printed a directory containing respondent’s name in the regular course ot its business, shortly after the date fixed in the writ of mandate, the respondent is not entitled to a dismissal of the appeal on the ground of a cessation of the controversy, since the act of the appellant was not done in compliance with the order, but in accordance with its regular custom of periodically publishing such a directory.</p> <p>MANDAMUS-UNNECESSARY ISSUANCE.</p> <p>Under the rule that the extraordinary writ of mandamus will never issue in any case where it is unnecessary, it was error for the court to issue such writ compelling defendant to publish on or about April 15th a directory of subscribers to its telephone system, where the defendant had answered that it was then engaged in compiling and publishing such a directory in the regular course of its business, which it would have ready for distribution early in the month of April.</p>