Mills v. Green, 159 U.S. 651 (1895). · Go Syfert
Mills v. Green, 159 U.S. 651 (1895). Cases Citing This Book View Copy Cite
2,617 citation events (1,119 in the last 25 years) across 157 distinct courts.
Strongest positive: Currier v. National Board of Medical Examiners (mass, 2012-04-13) · Strongest negative: Clarence L. Davis, Jr., and Wilfred Harris v. Walter Turner, C. C. Powell, Joe Carbonaro, Joseph v. Moreschi, and Paul L. Jones (ca9, 1968-05-21)
Treatment trajectory · 1900 → 2026 · click a year to view as-of
1900 1963 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited "but see" Clarence L. Davis, Jr., and Wilfred Harris v. Walter Turner, C. C. Powell, Joe Carbonaro, Joseph v. Moreschi, and Paul L. Jones (3×)
9th Cir. · 1968 · signal: but see · confidence high
But see Mills v. Green, 159 U.S. 651 , 16 S.Ct. 132 , 40 L.Ed. 293 (1895).
examined Cited as authority (verbatim quote) Currier v. National Board of Medical Examiners
Mass. · 2012 · signal: see · quote attribution · 1 verbatim quote · confidence high
the duty of this court, as of every other judicial tribunal, is to decide actual controversies by a judgment which can be carried into effect, and not to give opinions upon . . . abstract propositions . . .
discussed Cited as authority (quoted) LIVESAY v. MURPHY
D.N.J. · 2022 · quote attribution · 1 verbatim quote · confidence low
a court may sua sponte dismiss a case on grounds of mootness
examined Cited as authority (quoted) League of Women Voters of Ohio v. Ohio Redistricting Comm. (Slip Opinion) (6×)
Ohio · 2022 · quote attribution · 6 verbatim quotes · confidence low
the duty of this court, as of every other judicial tribunal, is to decide actual controversies by a judgment which can be carried into effect, and not to give opinions upon moot questions or abstract propositions
discussed Cited as authority (quoted) v. People
Colo. · 2021 · quote attribution · 1 verbatim quote · confidence low
case is deemed moot when the relief granted by 5 the court would not have a practical effect upon an actual and existing 6 controversy.
examined Cited as authority (quoted) Alexander v. Barnwell County Hospital
D.S.C. · 2013 · quote attribution · 1 verbatim quote · confidence low
it necessarily follows that when, pending an appeal from the judgment of a lower court, ..., an event occurs which renders it impossible for this court, ..., to grant him any effectual relief whatsoever, the court will not proceed to a formal judgment, but will dismiss the appeal…
examined Cited as authority (quoted) Biopolymer Engineering, Inc. v. Immunocorp (3×)
Fed. Cir. · 2010 · signal: see · quote attribution · 3 verbatim quotes · confidence high
when ... an event occurs which renders it impossible for this court, if it should decide the case in favor of the plaintiff, to grant him any effectual relief whatever, the court will not proceed to a formal judgment, but will dismiss the appeal
examined Cited as authority (quoted) In Re: John G. Pattullo in Re: Susan F. Pattullo, Debtors. United States Internal Revenue Vacating Service v. John G. Pattullo Susan F. Pattullo (3×)
9th Cir. · 2001 · signal: see · quote attribution · 3 verbatim quotes · confidence high
the duty of this court, as of every other judicial tribunal, is to decide actual controversies by a judgment which can be carried into effect, and not to give opinions upon moot questions....
discussed Cited as authority (rule) Martinez-Andino v. Mullin
D.D.C. · 2026 · confidence medium
Mootness of Plaintiff’s Claims Defendants contend that mootness dooms all plaintiff’s claims. 8 “It has long been settled that a federal court has no authority ‘to give opinions upon moot questions.’” Church of Scientology of Cal. v. United States, 506 U.S. 9, 12 (1992) (quoting Mills v. Green, 159 U.S. 651, 653 (1895)).
discussed Cited as authority (rule) Pizzuto v. Valley
9th Cir. · 2026 · confidence medium
But vacatur requires “exceptional circumstances,” such as when the COA encompasses only an alternative holding by the district court—thereby requiring us to “render a ruling without ‘any effectual relief whatever.’” See id. at 728–30 (quoting Mills v. Green, 159 U.S. 651, 653 (1895)).
discussed Cited as authority (rule) Coker Bart Cleveland v. Mary Alison Armstrong
Ala. Civ. App. · 2026 · confidence medium
South Alabama Gas Dist. v. Knight, 138 So. 3d 971, 975 (Ala. 2013)("A justiciable controversy is one that 'is definite and concrete, touching the legal relations of the parties in adverse legal interest, and it must be a real and substantial controversy admitting of specific relief through a decree.' " (quoting Copeland v. Jefferson Cnty., 284 Ala. 558, 561 , 226 So. 2d 385, 387 (1969)) (emphasis added)); id. (" ' " 'The duty of this court, as of every other judicial tribunal, is to decide actual controversies …, … not to … declare principles or rules of law which cannot affect the matte…
cited Cited as authority (rule) California Palms v. United States
6th Cir. · 2025 · confidence medium
Church of Scientology, 506 U.S. at 12 (quoting Mills v. Green, 159 U.S. 651, 653 (1895)).
discussed Cited as authority (rule) Lester v. Boyer
Ohio Ct. App. · 2025 · confidence medium
Eliza Jennings, Inc. v. Noble, 49 Ohio St.3d 71, 74 (1990), quoting Mills v. Green, 159 U.S. 651, 653 (1895). “[A] judgment dismissing a complaint as moot means the trial court has declined to exercise jurisdiction over the matter . . . and it necessarily follows that such a dismissal does not reach the issue of whether the complaint failed to state a claim upon which relief can be granted.” Tavenner v. Pittsfield Twp.
discussed Cited as authority (rule) Reporters Committee for Freedom of the Press v. Todd Rokita
7th Cir. · 2025 · confidence medium
Thus, “if 6 No. 24-2927 an event occurs while a case is pending on appeal that makes it impossible for the court to grant ‘any effectual relief what- ever’ to a prevailing party, the appeal must be dismissed.” Church of Scientology of Cal. v. United States, 506 U.S. 9, 12 (1992) (quoting Mills v. Green, 159 U.S. 651, 653 (1895)).
cited Cited as authority (rule) W6 Restaurant Group, Ltd v. Kelly Loeffler
6th Cir. · 2025 · confidence medium
A ruling in favor of Plaintiffs could not provide “any effectual relief.” Church of Scientology of Cal. v. United States, 506 U.S. 9, 12 (1992) (quoting Mills v. Green, 159 U.S. 651, 653 (1895)).
cited Cited as authority (rule) In re S.F.
Ohio Ct. App. · 2025 · confidence medium
Miner v. Witt, 82 Ohio St.237, 238-239 (1910) quoting Mills v. Green, 159 U.S. 651, 653 (1895).
discussed Cited as authority (rule) United States v. Michael Avant
6th Cir. · 2025 · confidence medium
Thus, even where neither party raises the issue of mootness, “if an event occurs while a case is pending on appeal that makes it impossible for the court to grant ‘any effectual relief whatever’ to a prevailing party, the appeal must be dismissed.” Church of 4 No. 24-4007, United States v. Avant Scientology of Cal. v. United States, 506 U.S. 9, 12 (1992) (quoting Mills v. Green, 159 U.S. 651, 653 (1895)).
cited Cited as authority (rule) Defend Arlington v. DOD
D.C. Cir. · 2025 · confidence medium
Church of Scientology of Cal. v. United States, 506 U.S. 9, 12 (1992) (quoting Mills v. Green, 159 U.S. 651, 653 (1895)).
discussed Cited as authority (rule) Manhattan Realty Company 1, LP v. 155 Chambersfood Inc. (2×)
E.D.N.Y · 2025 · confidence medium
Mills v. Green, 159 U.S. 651, 653 (1895).
discussed Cited as authority (rule) John Plunk, in his official capacity as chairman of the Alabama Ethics Commission v. Irva E. Reed (Appeal from Montgomery Circuit Court: CV-24-900057).
Ala. · 2025 · confidence medium
In 1895, the Court wrote that "[t]he duty of this court, as of every other judicial tribunal, is to decide actual controversies by a judgment which can be carried into effect." Mills v. Green, 159 U.S. 651, 653 (1895) (emphasis added).
discussed Cited as authority (rule) Rebh v. County Board of Arlington County (ORDER)
Va. · 2024 · confidence medium
Because our duty “is to decide actual controversies by a judgment which can be carried into effect,” we have no authority “to declare principles or rules of law which cannot affect the matter in issue in the case before it.” Hankins v. Virginia Beach, 182 Va. 642, 644 (1944) (quoting Mills v. Green, 159 U.S. 651, 653 (1895)).
cited Cited as authority (rule) Colwell v. Walters
W.D. Okla. · 2024 · confidence medium
The Court may not “declare principles or rules of law which cannot affect the matter in issue in the case before it.” Mills v. Green, 159 U.S. 651, 653 (1895).
cited Cited as authority (rule) McGee v. Walters
W.D. Okla. · 2024 · confidence medium
The Court may not “declare principles or rules of law which cannot affect the matter in issue in the case before it.” Mills v. Green, 159 U.S. 651, 653 (1895).
cited Cited as authority (rule) Katie Garding v. Montana Department of Corrections
9th Cir. · 2024 · confidence medium
Id. (citing Mills v. Green, 159 U.S. 651, 653 (1895)).
discussed Cited as authority (rule) Maurent v. Foley
Ohio Ct. App. · 2024 · confidence medium
The United States Supreme Court explained in Mills v. Green, 159 U.S. 651, 653 (1895): The duty of this court, as of every other judicial tribunal, is to decide actual controversies by a judgment which can be carried into effect, and not to give opinions upon moot questions or abstract propositions, or to declare principles or rules of law which cannot affect the matter in issue in the case before it. {¶16} The majority finds that the question of whether Maurent must serve two more years in prison is moot as he has been released from confinement.
discussed Cited as authority (rule) Ezell v. Nall
W.D. Okla. · 2024 · confidence medium
And Petitioner’s request for an evidentiary hearing must be denied, as the Court may not “give opinions upon moot questions” or “declare principles or rules of law which cannot affect the matter in issue in the case before it.” Mills v. Green, 159 U.S. 651, 653 (1895).
discussed Cited as authority (rule) Brian Scott Culver v. Federal Bureau of Prisons
11th Cir. · 2024 · confidence medium
Concerning the third strand, the Supreme Court has explicitly stated that “a federal court has no authority ‘to give opinions upon moot questions or abstract prop- ositions, or to declare principles or rules of law which cannot affect the matter in issue in the case before it.’” Church of Scientology of Cal. v. United States, 506 U.S. 9, 12 (1992) (quoting Mills v. Green, 159 U.S. 651, 653 (1895)).
discussed Cited as authority (rule) Citizens for Clean Energy v. National Mining Association
9th Cir. · 2024 · confidence medium
We have “no authority ‘to give opinions upon moot questions or abstract propositions, or to declare principles or rules of law which cannot affect the matter in issue in the case before [us].’” Church of Scientology of Cal. v. United States, 506 U.S. 9, 12 (1992) (quoting Mills v. Green, 159 U.S. 651, 653 (1895)).
discussed Cited as authority (rule) United States v. SALINAS
N.M.C.C.A. · 2024 · confidence medium
As a result, he wound up eventually losing the war.” McKathan v. United States, 969 F.3d 1213 , 1231 n. 7 (11th Cir. 2020) (citation omitted) (cleaned up). 30 Mills v. Green, 159 U.S. 651, 653 (1895). 31 See Marin, 83 M.J. at 634 (authorizing rehearing where members were errone- ously instructed as to the requisite mens rea for attempted sexual assault). 32 Articles 59 & 66, UCMJ. 6
discussed Cited as authority (rule) Lapeer Aviation, Inc.
E.D. Mich. · 2023 · confidence medium
If it would be “impossible for the court to grant ‘any effectual relief whatever’ to a prevailing party, the appeal must be dismissed.” Church of Scientology of Cal. v. United States, 506 U.S. 9, 12 (1992) (quoting Mills v. Green, 159 U.S. 651, 653 (1895)).
discussed Cited as authority (rule) CG Acquisitions, LLC
E.D. Mich. · 2023 · confidence medium
If it would be “impossible for the court to grant ‘any effectual relief whatever’ to a prevailing party, the appeal must be dismissed.” Church of Scientology of Cal. v. United States, 506 U.S. 9, 12 (1992) (quoting Mills v. Green, 159 U.S. 651, 653 (1895)).
discussed Cited as authority (rule) FemHealth USA, Inc. v. Rickey Williams, Jr.
6th Cir. · 2023 · confidence medium
“It has long been settled that a federal court has no authority ‘to give opinions upon moot questions or abstract propositions, or to declare principles or rules of law which cannot affect the matter in issue in the case before it.’ ” Church of Scientology of Cal. v. United States, 506 U.S. 9, 12 (1992) (emphasis added) (quoting Mills v. Green, 159 U.S. 651, 653 (1895)).
discussed Cited as authority (rule) Ethiopian Orthodox Tewahedo Church, Inc. v. Akilu Habte
D.C. · 2023 · confidence medium
Dep’t of For-Hire Vehicles, 244 A.3d 703 , 705 (D.C. 2021) (brackets omitted). 21 Calderon v. Moore, 518 U.S. 149, 150 (1996) (quoting Mills v. Green, 159 U.S. 651, 653 (1895)); see also Mission Prod.
discussed Cited as authority (rule) Hospital for Special Surgery v. Becerra
D.D.C. · 2023 · confidence medium
Indeed, “a federal court has no authority ‘to give opinions upon moot questions or abstract propositions, or to declare principles or rules of law which cannot affect the matter in issue in the case before it.’” Church of Scientology of Cal. v. United States, 506 U.S. 9, 12 (1992) (quoting Mills v. Green, 159 U.S. 651, 653 (1895)).
examined Cited as authority (rule) Joshua Jarrett v. United States (3×) also: Cited "see", Cited "see, e.g."
6th Cir. · 2023 · confidence medium
Mills v. Green, 159 U.S. 651, 653 (1895).
discussed Cited as authority (rule) Pacific Survey Group LLC v. Tyche High Seas Capital Corp
W.D. Wash. · 2023 · confidence medium
ANALYSIS 19 For the reasons set forth below, the court DENIES Tyche’s cross-motion to 20 dismiss this matter as moot and GRANTS PSG’s motion for summary judgment. 21 22 1 A. This Matter is Not Moot 2 Tyche contends that this matter is moot, and therefore must be dismissed, “based 3 on Tyche’s insolvency and commencement of an insolvency action in Florida.” 4 (Cross-Mot. at 1.) The court disagrees. 5 A federal court does not have jurisdiction “to give opinions upon moot questions 6 or abstract propositions, or to declare principles or rules of law which cannot affect the 7 matter in…
discussed Cited as authority (rule) Robin Christain DiMaggio v. B. Birkholz
C.D. Cal. · 2023 · confidence medium
Lewis v. Cont’l Bank Corp., 494 U.S. 472, 477 (1990). “[F]ederal courts may not ‘give opinions upon moot questions or abstract propositions.’” Calderon v. Moore, 518 U.S. 149, 150 (1996) (per curiam) (quoting Mills v. Green, 159 U.S. 651, 653 (1895)). “[W]hen an administrative agency has performed the action sought by a plaintiff in litigation, a federal court ‘lacks the ability to grant effective relief,’ and the claim is CV-90 (05/15) CIVIL MINUTES - GENERAL Page 1 of 2 Case 2:22-cv-05223-FLA-RAO Document 13 Filed 01/10/23 Page 2 of 2 Page ID #:98 UNITED STATES DISTRICT COURT…
discussed Cited as authority (rule) Allied Trust Insurance Company v. Tsang
E.D. La. · 2023 · confidence medium
Article III’s case-or-controversy requirement means that federal courts have “no authority ‘to give opinions upon moot questions[.]’” Church of Scientology of California v. United States, 506 U.S. 9, 12 (1992) (quoting Mills v. Green, 159 U.S. 651, 653 (1895)); see also Friends of the Earth, Inc. v. Laidlaw Envtl.
discussed Cited as authority (rule) United States v. China Telecom (Americas) Corporation
D.C. Cir. · 2022 · confidence medium
Accordingly, we must dismiss the case “if an event occurs while a case is 7 pending on appeal that makes it impossible for the court to grant ‘any effectual relief whatever’ to a prevailing party.” Church of Scientology v. United States, 506 U.S. 9, 12 (1992) (quoting Mills v. Green, 159 U.S. 651, 653 (1895)).
discussed Cited as authority (rule) The Charitable DAF Fund LP v. Highland Capital Management LP
N.D. Tex. · 2022 · confidence medium
Thus, “if an event occurs while a case is pending on appeal that makes it impossible for the court to grant ‘any effectual relief whatever’ to a prevailing party, the appeal must be dismissed.” Church of Scientology of Cal. v. United States, 506 U.S. 9, 12 (1992) (quoting Mills v. Green, 159 U.S. 651, 653 (1895)).
discussed Cited as authority (rule) Dillon Burnett v. Josh Griffith (2×) also: Cited "see"
6th Cir. · 2022 · confidence medium
“The duty of this court . . . is to decide actual controversies by a judgment which can be carried into effect, and not give opinions upon moot questions or abstract propositions[.]” Wheeler v. City of Lansing, 660 F.3d 931, 940 (6th Cir. 2011) (first alteration in original) (quoting Mills v. Green, 159 U.S. 651, 653 (1895)).
discussed Cited as authority (rule) Jerrod Max Palmer v. Commonwealth of Virginia
Va. Ct. App. · 2022 · confidence medium
Accordingly, if “an event occurs” pending appeal from a lower court judgment that “renders it impossible . . . to grant [appellant] any effectual relief,” this Court must “dismiss the appeal.” Hankins v. Town of Virginia Beach, 182 Va. 642, 644 (1944) (quoting Mills v. Green, 159 U.S. 651, 653 (1895)).
cited Cited as authority (rule) Dairy Road Partners v. The Maui Planning Commission
Haw. App. · 2021 · confidence medium
App. 130, 134 , 748 P.2d 812, 815 (1988) (quoting Mills v. Green, 159 U.S. 651, 653 (1895)).
cited Cited as authority (rule) Holloman v. Mosby
Md. Ct. Spec. App. · 2021 · confidence medium
Actual controversies exist when a judgment “can be carried into effect.” Thom, 113 Md. at 88 (quoting Mills v. Green, 159 U.S. 651, 653 (1895)).
discussed Cited as authority (rule) Sow v. Garland (2×) also: Cited "see"
2d Cir. · 2021 · confidence medium
The 8 government is thus no longer encumbered by the writ entered against it, so this court is unable to 9 grant “any effectual relief whatever.” Mills v. Green, 159 U.S. 651, 653 (1895).
discussed Cited as authority (rule) Le Tote, Inc.
Bankr. E.D. Va. · 2021 · confidence medium
Co., 608 F.3d at 161 ; Church of Scientology v. United States, 506 U.S. 9, 12 (1992) (finding that courts do not have the authority to “give opinions upon .. . abstract propositions” that “cannot affect the matter in issue in the case before it” (quoting Mills v. Green, 159 U.S. 651, 653 (1895)).
discussed Cited as authority (rule) Wilmington Trust, National Association v. Lord & Taylor LLC
E.D. Va. · 2021 · confidence medium
Co., 608 F.3d at 161 ; Church of Scientology v. United States, 506 U.S. 9, 12 (1992) (finding that courts do not have the authority to “give opinions upon .. . abstract propositions” that “cannot affect the matter in issue in the case before it” (quoting Mills v. Green, 159 U.S. 651, 653 (1895)).
cited Cited as authority (rule) Petitioner: Wesley Richard DePriest v. Respondent: The People of the State of Colorado.
Colo. · 2021 · confidence medium
Church of Scientology of Cal . v. United States , 506 U.S. 9, 12 ( 1992 ) ( quoting Mills v. Green , 159 U.S. 651, 653 ( 1895 ) ) ; see also Stell v. Boulder Cnty .
discussed Cited as authority (rule) League of Conservation Voters v. Joseph Biden
9th Cir. · 2021 · confidence medium
We lack jurisdiction to consider “moot questions . . . or to declare principles or rules of law which cannot affect the matter in issue in the case before [us].” Church of Scientology of Cal. v. United States, 506 U.S. 9, 12 (1992) (quoting Mills v. Green, 159 U.S. 651, 653 (1895)).
discussed Cited as authority (rule) Public Employees for Environmental Responsibility v. National Park Service (2×) also: Cited "see"
D.D.C. · 2021 · confidence medium
For a case is only moot if a court is unable to grant “any effectual relief whatever to the prevailing party.” City of Erie v. Pap’s A.M., 529 U.S. 277, 287 (2000) (internal citations and quotation marks omitted; emphasis added); Calderon v. Moore, 518 U.S. 149, 150 (1996) (“[E]ven the availability of a ‘partial remedy’ is ‘sufficient to prevent [a] case from being moot.’”) (citing Mills v. Green, 159 U.S. 651, 653 (1895)).
Retrieving the full opinion text from the archive…
Mills
v.
Green
732.
Supreme Court of the United States.
Nov 25, 1895.
159 U.S. 651
Mr. William A. Barber, Attorney General of the State of South Carolina, Mr. Ed/uoa/rd McCrad/y, and Mr. George S.< Mower for the motion., Mr. Henry N. Obewr opposing.
Gray.
Cited by 1,016 opinions  |  Published
6 passages pin-cited by 6 cases
Pinpoint authority: #6,889 of 633,719
Citer courts: Ohio Supreme Court (6) · Ninth Circuit (3) · Federal Circuit (3) · Supreme Court of Colorado (1) · D. New Jersey (1) · D. South Carolina (1)
Mr. Justice Gray

delivered the opinion of the court.

This was a bill in equity, filed April 19, 1895, in the Circuit Court of . the United States for the District of South' Carolina, by Lawrence P. Mills, alleging, himself, to be a citb zen of the State of South Carolina and of the United States, and a resident of a certain precinct in the county of Richland,, and qualified to vote at all Federal and state elections in the-precinct, and suing in behalf of himself and all' other citizens[*652] of. the county in like circumstances, for an injunction against W. Briggs Green, the supervisor of registration of the county.

The bill alleged that by a statute of South Carolina of December 24, 1894, a convention was called to revise the constitution of the State, the delegates to be elected on the third Tuesday of August, 1895, and the convention to assemble on the second Tuesday of September, 1895; that the same and other statutes of South Carolina contained regulations as to the registration of voters, and as to certificates of registration, which were in violation of the constitution of South Carolina, and of the Constitution of the United States, in various particulars pointed out, as abridging, impeding and destroying the suffrage of citizens of the State and of the United States; .that the defendant was exercising the duties prescribed by those statutes, and intended to continue to do so, and specifically intended to furnish and deliver, to the boards of managers appointed to hold, the election of delegates to the constitutional convention, the registration books of the several precincts, to be used by the managers at that election; that the plaintiff had failed to register as a voter, because, notwithstanding repeated efforts to become registered, he found himself unable to comply with the unreasonable and burdensome regulations prescribed by the unconstitutional registration laws; that hé was desirous of voting for delegates to the. constitutional convention at the election prescribed by the statute of 1894 for that; purpose; that the registration books in the defendant’s hands did not and would not contain the plaintiff’s name; that he, and others under like circumstances, would not be permitted by the managem to vote at that election, unless their names were found upon the books, and unless they could produce registration certificates; and that, if the defendant were permitted to continue the illegal, partial and void registration, and were allowed to turn over the- books to the managers, the plaintiff would be deprived of his right to vote at that election, and grievous and irreparable wrong would be done to him, and to other citizens under like circumstances.

The prayer of the bill-was for “a writ of injunction, re[*653] straining and enjoining the said defendant, individually and-as supervisor of registration, from the performance of any of the acts hereinbefore complained of,” and for further relief.

On the filing of the bill, the Circuit Court granted a temporary injunction, as prayed for, and ordered notice to the defendant to show cause on May 2, 1895, why it should not be continued in force; and on that day, after a hearing,.ordered it to be continued until the final determination of the case, or until the further order of the court. . 67 Fed. Rep. 818.

The defendant appealed to the Circuit Court of Appeals, which, on June 11, 1895,. reversed the orders of the Circuit Court, dissolved the injunction, and remanded the case to that court with direbtions to dismiss the' bill. 25 U. S. App. 383. The plaintiff, on September 4, 1895, appealed to this court; and the appeal was entered in this court on September 19, 1895.

The defendant moved to dismiss the appeal, assigning, as one ground of his motion, “ that there is now no actual controversy involving real and substantial rights between the parties to the record, and no subject-matter upon which the judgment of this court can operate.”

We are of opinion that the appeal must be dismissed upon this ground, without considering any other question appearing on the record or discussed by counsel.

The duty of this court, as of every other judicial tribunal, is to decide actual controversies by a judgment which can be carried into effect, and not to give opinions upon moot questions or abstract propositions, or to declare principles’ or rules of law which cannot affect the matter in issue in the case before it. It necessarily follows 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 this court, if it should decide the qase in favor of’the plaintiff, to grant him any effectual relief whatever, the court will not proceed to a formal judgment, but will dismiss the appeal. And such a fact, when not appearing on the record, may be proved by extrinsic evidence. Lord v. Veazie, 8 How. 251; California v. San Pablo & Tulare Railroad, 149 U. S. 308.

[*654] If a defendant, indeed, after notice of the filing of a bill in equity for an injunction to restrain the building of a house, or of a railroad,, or. of any other structure, persists in completing the building, the court nevertheless is not deprived of the authority, whenever in its opinion justice requires it, to deal with the rights of the parties as they stood at the commencement of the suit, and to compel the defendant to undo what he has wrongfully done since that time, or to answer in dam¿ges. Tucker v. Howard, 128 Mass. 361, 363, and cases cited; Attorney General v. Great Northern Railway, 4 De G. & Sm. 75, 94; Terhune v. Midland Railroad, 9 Stew. (36 N. J. Eq.) 318, and 11 Stew. (38 N. J. Eq.) 423 ; Platteville v. Galena & Southern Wisconsin Railway, 43 Wisconsin, 493.

But if the intervening event is owing either to the plaintiff’s own act or to a power beyond the control of either party, the court will stay its hand.

For example, appeals have been dismissed by this court when the plaintiff had executed a release of his right to appeal; Elwell v. Fosdick, 134 U. S. 500; or when the rights of both parties, had come-under the control of the same persons; Lord v. Veazie, 8 How. 251; Cleveland v. Chamberlain, 1 Black, 419; Wood Paper Co. v. Heft, 8 Wall. 333; East Tennessee Railroad v. Southern Telegraph Co., 125 U. S. 695; South Spring Co. v. Amador Co., 145 U. S. 300; or when the matter had been compromised and settled between the parties; Dakota County v. Glidden, 113. U. S. 222; or ¡when, pending a suit concerning the validity of the assessment of a tax, the tax was paid; San Mateo County v. Southern Pacific Railroad, 116 U. S. 138; Little v. Bowers, 134 U. S. 547; Singer Co. v. Wright, 141 U. S. 696; or the amount of the tax was tendered, and deposited in, a bank, which by statute had the same effect as actual payment and receipt of the money; California v. San Pablo & Tulare Railroad, 149 U. S. 308.

Where appeals were taken from a decree of' foreclosure and sale, and also from decrees made in" execution of that decree, and the principal decree was reversed, it was held that the later appeals having been annulled by operation of law, their subject-matter was withdrawn, and they must be dismissed[*655] for lack of anything on which they could operate. Chicago & Vincennes Railroad v. Fosdick, 106 U. S. 47, 84.

Where,, pending an appeal from a decree dismissing a bill to restrain a sale of property of the plaintiff under assessments for street improvements, and to cancel tax lien certificates, the assessments and certificates were quashed and annulled by a judgment in another suit, the appeal was dismissed, without costs to either party. Washington Market Co. v. District of Columbia, 137 U. S. 62.

Where, pending a writ of error 'in an action which did not survive by law, the plaintiff died, the writ of error was abated. Martin v. Baltimore & Ohio Railroad, 151 U. S. 673.

In the great case of The State of Pennsylvania v. The Wheeling and Belmont Bridge Company, which was a bill in equity filed in this court, under its original jurisdiction, for an injunction against the construction and maintenance of a bridge across the Ohio River to the obstruction of the free navigation of the river, this court entertained jurisdiction, ajad. on May 27, 1852, decreed that the bridge was an obstruction and a nuisance, and should be either abated or elevated so as not to interfere with the free navigation of the river, and awarded costs against the defendant; but suspended the enforcement of the decree, for a limited time, to allow the defendant- to carry out a scheme by which the obstruction to navigation, might be removed. 13 How. 518, 626, 627. By the act of Congress of August 31, 1852, c. Ill, § 7, the defendant was authorized to have and maintain the bridge at its then site and elevation; and the officers and crews of all vessels and boats navigating the river were required to regulate the use of their vessels and boats, and of any pipes or chimñeys belonging thereto, so as not to interfere with the elevation and construction of the bridge. 10 Stat. 112. The bridge having been blown down by a violent storm in the summer .of 1854, and the defendant preparing to rebuild it according to the original plan, the plaintiff, on June 26, 1854, obtained from Mr. Justice Grier in vacation an injunction, which was served upon the defendant, notwithstanding which it proceeded with' the erection of the bridge, and completed it in November,[*656] 1854. At December term, 1854, of this court, the defendant moved to dissolve that injunction-; and the plaintiff filed motions for a sequestration against the defendant, and for an attachment for contempt against its officers, for disobeying the former decree of this court and the injunction of Mr. Justice Grier, and for an execution for the costs awarded by the former' deeree of this court. This court held that the act of 1852. was a constitutional exercise of the power of Congress to regulate interstate commerce, and that since that act the portion of its former decree which directed the alteration or abatement of the bridge could not be carried into execution and therefore denied the plaintiff’s motions for sequestration and attachment, dissolved the injunction, and only granted to the plaintiff execution for the costs decreed by this court before the passage of the act of Congress. .18 How. 421, 431, 436, 459, 460.

In a suit by a county to restrain a railroad corporation from building a railroad along a public highway, the Supreme Court of Iowa held that an order refusing an injunction, though erroneous when made, should not be reversed, when the legislature, pending the appeal, had authorized the act complained of. Linn County v. Hewitt, 55 Iowa, 505.

Still more analogous to the present case is one brought before the Court of Appeals of New York, and stated in its opinion as follows: “ This action was commenced to restrain certain persons from proceeding to incorporate the village óf North Tarrytown under the general act of the legislature authorizing the incorporation of villages. The persons made defendants-are those who signed the notice required, and the officers of the town who would be inspectors of the election. A temporary injunction was obtained, whiph was dissolved, and the election was held, and a majority of votes determined in favor of the incorporation, and the proceedings for such incorporation have been perfected, village officers chosen, and the corporation is in operation. By a supplemental complaint these facts were set up, and judgment demanded that all these acts be declared null and void. The grounds of the action are that the statute was. not complied with, and that[*657] the statute itself is unconstitutional. ¥e do not deem it necessary to determine whether the action is maintainable as originally commenced. As it appeared upon the trial, and is presented to us upon appeal,-no effectual judgment can be rendered in it. The-acts sought to be restrained have been consummated, and from a project to incorporate a village, the village has become incorporated. The defendants are-not necessary or proper parties to the action upon the facts disclosed at the trial. The village itself, or the trustees who are now exercising the franchise, are the necessary parties to the action,, and an injunction restraining the defendants would. have no practical effect upon the corporation. ¥e do not deem it proper, therefore, to express an opinion upon the points presented, involving the validity of the statute or the regularity of the proceedings under it, for the reason that a decision could not be made effectual by a judgment.” People v. Clark, 70 N. Y. 518.

In the case at bar, the whole object of the bill was to secure a right to vote at the election, to be held, as the bill alleged, on the third Tuesday of August, 1895, of delegates to the constitutional convention of South Carolina. Before this appeal was taken by the plaintiff from the decreé of the Circuit Court of Appeals dismissing his bill, that, date had passed; and, before the entry of the appeal in this court, the convention had assembled, pursuant to the statute of South Carolina of 1894, by which the .convention had been called. 21 Statutes of South Carolina, pp. 802, 803. The election, of the delegates and the assembling of the convention are public matters, to be taken notice of by the court, without formal plea or proof. The lower courts of the United States, and this court, on appeal from their decisions, take judicial notice of the constitution and public laws of each State of the Union. Owings v. Hull, 9 Pet, 607, 625; Lamar v. Micou, 112 U. S. 452, 474, and 114 U. S. 218, 223; Hanley v. Donoghue, 116 U. S. 1, 6; Fourth National Bank v. Francklyn, 120 U. S. 747, 751; Gormley v. Bunyan, 138 U. S. 623; Martin v. Baltimore & Ohio Railroad, 151 U. S. 673,678. Taking judicial notice of the constitution and laws of the State, this court must take judicial[*658] notice of the days of public general elections of members of the legislature, or of a convention to revise the fundamental law of the State, as well as of the times of the commencement of the sitting of those bodies, and of the dates when'their acts take effect. 1 Greenl. Ev. § 6; Brown v. Piper, 91 U. S. 37, 42; Gardner v. Collector, 6 Wall. 499; Hoyt v. Russell, 117 U. S. 401; Jones v. United States, 137 U. S. 202, 216.

It is obvious, therefore, that, even if the bill could properly be held to present a case within the jurisdiction of the Circuit Court, no relief within the scope of the bill could now be granted.

Appeal dismissed, without costs to either pa/rty.