Campbell v. Shelby County

• Decision Date: 09 May 1906
• Citation: 41 So. 407,147 Ala. 703
• Parties: CAMPBELL ET AL. v. SHELBY COUNTY.
• Court: Alabama Supreme Court

41 So. 407

147 Ala. 703

CAMPBELL ET AL. v. SHELBY COUNTY.

Supreme Court of Alabama

May 9, 1906

Appeal from Chancery Court, Shelby County; R. B. Kelly, Chancellor.

"Not officially reported."

Bill by Shelby county against John A. Campbell and others. From the decree, defendants appeal. Appeal dismissed.

Martin & Bouldin, for appellants.

Cecil Browne and Dryer & Webb, for appellee.

TYSON, J.

The bill in this cause was filed for injunctive relief against certain persons named and designated in the act of the General Assembly approved March 5, 1901, as a board of courthouse commissioners of Shelby county, to prevent the performance by them of certain acts and doings authorized by the legislative act referred to, upon the ground that the law is unconstitutional, and therefore void. Acts 1900-01, p. 2531. We judicially know that this act was repealed by the Constitution of 1901, which went into effect on the 28th day of November of that year. It is true the bill was filed and this appeal prosecuted before the repeal. But this is of no moment as affecting the question whether this court will entertain the appeal. And this it will not do, because there is no longer an existing, actual controversy between the parties and substantial rights to be determined. "The cause, in short, has become a moot case. There is no occasion or necessity for a judgment here, and no end to be accomplished by any judgment we might render; and we therefore decline to consider the case as now presented on its original merits." Nor will we do so merely for the purpose of ascertaining who is liable for the cost. State ex rel. Case v. Lyons (Ala.) 39 So. 214, and cases there cited.

Appeal dismissed.

WEAKLEY, C.J., and SIMPSON and ANDERSON, JJ., concur.