Opinion
File No. 9976.
Opinion filed November 2, 1962.
1. Constitutional Law.
Decisions in Supreme Court should be limited to actual controversies.
2. Appeal and Error.
Questions involved, on appeal from circuit court's grant of writ of mandamus requiring school board to carry out instruction of electors who, at special meeting, directed school board to maintain school at designated place for school year 1961 — 1962, were moot where school year specified ended before submission of proceeding to Supreme Court and, accordingly, appeal was dismissed.
Appeal from the Circuit Court, Pennington County; Hon. George D. Lampert, Judge.
A proceeding in mandamus wherein the Circuit Court granted the relief sought, and an appeal was taken.
Appeal dismissed.
Sieler Brady, Rapid City, for Defendants and Appellants.
Potter Crabb, Rapid City, for Plaintiffs and Respondents.
The electors of School District No. 84, Pennington County, at a special meeting held in July, 1961, instructed the school board of the district to maintain a school at a place designated as the Kube Table school for the school year 1961-62. The electors defeated a motion to authorize the board to levy an additional tax to provide necessary funds to maintain the school. After refusal of the board to carry out the instruction, the present action for writ of mandamus to require defendant members of the board to carry out the instruction was commenced. The court below granted the writ requested. Defendants appealed contending that plaintiffs under the particular facts and circumstances were not entitled to the writ. Appellants' brief was filed March 12, 1962; respondents' brief April 9, 1962; appellants' reply brief April 26, 1962; and the appeal was argued in this court on June 12, 1962.
[1, 2] The matter in controversy has reference only to the opening and continuance of a school for the school year 1961-62 which ended before submission of the proceeding to this court. A decision on the merits would not benefit either party. Decisions in this court should be limited to actual controversies. The questions involved are moot. Dickson v. Lord, 58 S.D. 643, 238 N.W. 21; Campbell v. Fritzsche, 78 S.D. 593, 105 N.W.2d 675. The appeal is, therefore, dismissed without costs.
All the Judges concur.