Abernathy v. Dorsey

• Decision Date: 10 October 1939
• Docket Number: 13017.
• Citation: 5 S.E.2d 39,189 Ga. 72
• Parties: ABERNATHY et al. v. DORSEY.
• Court: Georgia Supreme Court

5 S.E.2d 39

189 Ga. 72

ABERNATHY et al. v. DORSEY.

No. 13017.

Supreme Court of Georgia

October 10, 1939

A. H. Henderson, of Cleveland, for plaintiffs in error.

C. H. Edwards, of Cleveland, for defendant in error.

Syllabus Opinion by the Court.

JENKINS, Justice.

This case arose on a petition by taxpayers, seeking to enjoin an ordinary from calling a county-wide stock election, under the Code, § 62-501, and the acts there codified, on the question of fence or no-fence. The statute provides for an election on the first Wednesday in July. On July 1, 1939, the court sustained a general demurrer to the petition, and refused an injunction. The record does not show any supersedeas. The defendant moves to dismiss the writ of error on the ground that the case has become moot, because the election was held on July 5, 1939; and attaches to his motion a certificate by the ordinary to that effect. The reply of the plaintiffs admits that the election 'has already occurred.' They contend, however, that the writ of error should not be dismissed, because they would 'derive much and lasting benefits' from an adjudication that there was no 'legal authority to hold the election.'

The only question and subject-matter of the case having become moot by the actual holding of the election, the mere fact that the plaintiffs might possibly derive some future benefit from a favorable adjudication on the abstract question, or that a decision would settle the question of costs, will not authorize this court to retain and decide the case. Wise v. Sims, 182 Ga. 857, 187 S.E. 102; Griffin v. Securities Investment Co., 184 Ga. 692(4), 192 S.E. 909; Davisc v. Cason, 185 Ga. 334, 194 S.E. 874.

Writ of error dismissed.

All the Justices concur.