In New Orleans Flour Inspectors v. Glover, 160 U.S. 170, 16 S.Ct. 321, 40 L. Ed. 382, the appeal was from a decree enjoining appellants from enforcing against appellees a certain statutory provision of the State of Louisiana. Pending the appeal, the statute was repealed, and the court dismissed the appeal on the authority of Mills v. Green, supra.Summary of this case from Johnson-Kennedy Radio v. Chicago Bears F. Club
Argued November 22 and submitted December 2, 1895. Decided December 9, 1895.
Mills v. Green, 159 U.S. 651, affirmed to the point that when, pending an appeal from the judgment of a lower court, and without any fault of the defendant, an event occurs which renders it impossible for the appellate court, if it should decide the case in favor of the plaintiff, to grant him any effectual relief, the court will not proceed to a formal judgment, but will dismiss the appeal.
Mr. J.R. Beckwith argued for appellant on the 22d day of November, 1895. At the close of his argument the court adjourned until the 2d day of December following. Mr. William Wirt Howe on that day presented himself to argue for appellees, but the court declined to hear further argument in the case.
THE case is sufficiently stated in the short opinion of the court.
The decree below enjoined appellants from enforcing against appellees act No. 71 of the extra session of the general assembly of Louisiana of 1870, (Session Laws La. Ex. Sess. 1870, 156). This act was repealed June 28, 1892, (No. 23 of 1892, Acts La. 1892, 34,) and the appeal is dismissed on the authority of Mills v. Green, 159 U.S. 651.