Opinion · Supreme Court of the United States

New Orleans Flour Inspectors v. Glover

160 U.S. 170

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1895-12-09
Topic
general

How later courts describe this case

  • repeal of provision under attack rendered litigation moot

Citator

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Cited by
23 opinions
NEW ORLEANS FLOUR INSPECTORS v. GLOVER,160 U.S. 170(1895)
16 S.Ct. 321
NEW ORLEANS FLOUR INSPECTORSv. GLOVER.
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN
DISTRICT OF LOUISIANA.
No. 88.
Argued November 22 and submitted December 2, 1895.
Decided December 9, 1895.
Millsv.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.
THE case is sufficiently stated in the short opinion of the court.
Mr. J.R. Beckwithargued 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 Howeon that day presented himself to argue for appellees, but the court declined to hear further argument in the case.
THE CHIEF JUSTICE:
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 This act was repealed June 28, 1892, (No. 23 of 1892, Acts La. 1892, 34,) and the appeal is dismissed on the authority ofMillsv.Green,159 U.S. 651.Appeal dismissed.Page 171