School District No. 1 v. Kline

Citations

• 107 Kan. 667
• 193 P. 328
• 1920 Kan. LEXIS 145

Syllabus

<p>SYLLABUS BY THE COURT</p> <p>Injunction- — Questions Presented on Appeal No Longer a Matter of Controversy — Appeal Dismissed. A city ordinance requiring the closing of public schools in the city during the existence of an emergency, caused by- a general scarcity of fuel, was held void, and the city was enjoined at the suit of the school authorities from closing the schools. The city appealed without staying the judgment, and before the appeal could be determined the emergency had passed. Held, that the validity of the ordinance is no longer a matter of controversy which affects the rights of either party, for no decision the court might make could furnish the basis for an order that could be carried into effect.</p>