United States Supreme Court Cases & Opinions

U.S. Supreme Court

Mills v. Green, 159 U.S. 651 (1895)

Mills v. Green

No. 732

Submitted October 28, 1895

Decided November 25, 1895

159 U.S. 651

Syllabus

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.

When, pending an appeal from a decree dismissing a bill in equity to secure a right to vote at the election of delegates to a constitutional convention, the election is held and the convention assembles on the days appointed by the statute calling the convention, the appeal must be dismissed, without considering the merits of the bill.

This Court, on appeal from the circuit court of the United States, takes judicial notice of the days of public general elections of members of the legislature, or of the constitutional convention of a state, as well as of the times of the commencement of its sitting and of the dates when its acts take effect.

Motion to dismiss. The case is stated in the opinion.