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. ”
