Agee v. Cate

• Decision Date: 17 April 1913
• Citation: 180 Ala. 522,61 So. 900
• Parties: AGEE et al. v. CATE.
• Court: Alabama Supreme Court

61 So. 900

180 Ala. 522

AGEE et al. v. CATE.

Supreme Court of Alabama

April 17, 1913

Appeal from Circuit Court, Jefferson County; John C. Pugh, Judge.

Application for mandamus by T.M. Cate to compel W.C. Agee and others, members of the Excise Commission of Jefferson County, to issue a liquor license certificate to petitioner for the year 1912. From a judgment in favor of petitioner, respondents appeal. Dismissed.

Frank S. White & Sons, of Birmingham, for appellants.

Bowman, Howard & Weaver, Jesse D. Pope, and Fred Wall, all of Birmingham, for appellee.

SAYRE, J.

This case originated in an application to the circuit court of Jefferson county for a writ of mandamus to compel the excise commission of that county to issue a certificate to the probate judge which would entitle petitioner to a renewal of his license as a wholesale liquor dealer for the year 1912. Issues of fact were formed, tried by a jury, and decided in favor of the petitioner, appellee. On appeal, the case was submitted in this court on November 26, 1912. Nothing was said in respect to the nature of the questions involved, and we did not become acquainted with them until we took up the record in the regular order of its submission, during the following March. The case had then become moot. It is not the practice of courts to decide cases after the time when a judgment may be made effective. Nor is it customary to decide questions of importance, after their decision has become useless, merely to ascertain who is liable for the costs. To this doctrine this court is fully committed. Comer v. Bankhead, 70 Ala. 136; State ex rel. Case v. Lyons, 143 Ala. 649, 39 So. 214; County of Montgomery v. Montgomery Traction Company, 140 Ala. 458, 37 So. 208. It follows that the appeal must be dismissed.

Appeal dismissed. All the Justices concur, except DOWDELL, C.J., not sitting.