Missouri Court of Appeals July 6, 1926 (State Ex Rel. Ake v. Kansas City, Mo.)

ARNOLD, J.

This is a proceeding in mandamus seeking the reinstatement of a public officer upon the payroll, and to compel the pay

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ment of salary after alleged unlawful discharge. The only question presented for our consideration is, Will a mandamus proceeding survive the death of such officer?

Briefly stated, the material facts are that Preston R.