Mills v. Green
Citations
- 159 U.S. 651
- 16 S. Ct. 132
- 40 L. Ed. 293
- 1895 U.S. LEXIS 2332
Syllabus
<p>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.</p> <p>When, pending an appeal from a decree dismissing a bill in equity to secure' a right to vote at the election of delegates to a constitutional convenr tion, the election is held and the ■ convention assembles, on the days . appointed by the statute calling the convention, the appeal must b'e dismissed,-without considering the merits of the bill.</p> <p>This court, on appeal from the Circuit' Court of the United States^ takes judicial notice of the days óf public general elections of members of the legislature, or of the constitutional convention of a State, as well as of the times of the commencement of its sitting, and of the dates ¡when its acts take effect.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an appeal is properly dismissed as moot when an appellate court lacks power to provide an effective remedy for the appellant should it find in his favor
- holding that an appeal must be dismissed as moot when events occurring during the pendency of the appeal render it “impossible” for the court to grant “any effectual relief whatever” to a prevailing party
- recognizing that when “an event occurs which renders it impossible for th[e] court, if it should decide the case in favor of the plaintiff, to grant him any effectual relief whatever, the court will not proceed to a formal judgment, but will dismiss the appeal”
- noting that an appeal should be dismissed as moot where, by virtue of an \intervening event\ the appellate court cannot \grant ... any effectual relief whatever\ in favor of the appellant
- finding that availability of some effectual relief under Church of Scientology standard precluded mootness
- noting mootness occurs upon the happening of an event which eliminates the case or controversy on appeal
Source: CourtListener parenthetical corpus (CC0).
Judges: Gray
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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