by John Marshall Harlan

Summary

by John Marshall Harlan Territory of New Mexico v. Baker…

Thus, it is the personal default of the defendant that warrants impetration of the writ, and, if a peremptory mandamus be awarded, the costs must fall upon the defendant.' The court proceeded: 'It necessarily follows from this that, on the death or retirement from office of the original defendant, the writ must abate in the absence of any statutory provision to the contrary. When the personal duty exists only so long he be an officer, and the duty be an official the defendant to perform it after his power to perform has ceased.
Source: Wikisource

by John Marshall Harlan Territory of New Mexico v. Baker…

The mere ownership of lands in New Mexico, or the bringing of suits there to protect its lands against trespasses, could not have had the effect to put the company into that territory for the purposes of a personal action against it, based on service of summons upon one of its officers while passing through the territory on a railroad train.
Source: Wikisource

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