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State ex rel. Hollingsworth v. Armstrong

State, ex rel. Frank W. Hollingsworth v. Alvin H. Armstrong, Mayor

State ex rel. Hollingsworth v. Armstrong, 143 N.W. 931 (Neb. 1913)
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Court
Nebraska Supreme Court · State Highest Courts
Decided
November 12, 1913
Docket
No. 17,432
Judges
Barnes, Fawcett, Hamer, Letton
Citations
143 N.W. 93194 Neb. 5921913 Neb. LEXIS 315
Disposition
Appeal dismissed.
Headnotes
Appeal: Moot Question: Dismissal. The supreme court will on its own motion dismiss the respondents’ appeal from an order of the district court requiring the respondents to reinstate relator’s saloon license, where the record shows that the term for ■which the license was issued has long since expired, and that during its existence appellants made no motion to advance the case for determination. Heesch v. Snyder, 85 Neh. 778.
Summary
Appeal from the district court for Lancaster county: Willard E. Stewart, Judge.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Barnes

Text extracted by OCR from a scanned original; check the original for exact wording.

Barnes, J.

This is an appeal from a judgment of the district court for Lancaster county, rendered July 30, 1911, granting to relator a peremptory writ of mandamus requiring the respondents to assemble and reinstate a license previously granted to him to sell intoxicating liquors in the city of Lincoln, Nebraska.

The license expired in May, 1912, and no one will be benefited or injured by the decision of this case. Why it is being prosecuted we do not understand, because no motion was made to advance the case, and, the license having expired, the case now presents a moot question only for our consideration. We have steadfastly refused to decide such questions, and we do not feel called upon to make an exception in this case. Hecsch v. Snyder, 85 Neb. 778 ; Brown v. Buckley, 86 Neb. 572 .

We therefore decline to pass upon the question presented, and the appeal is

Dismissed.

Letton, Fawcett and Hamer, JJ., not sitting.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1930: 11932: 11947: 119302026peak 1930 · 1

Relies on it most ⓘ

  1. Burke v. Coleman202 S.W.2d 809 (Mo. 1947)
  2. Banning v. Marsh245 N.W. 775 (Neb. 1932)
  3. State ex rel. Spillman v. Dunbar State Bank230 N.W. 452 (Neb. 1930)

Most recent

  1. Burke v. Coleman202 S.W.2d 809 (Mo. 1947)
  2. Banning v. Marsh245 N.W. 775 (Neb. 1932)
  3. State ex rel. Spillman v. Dunbar State Bank230 N.W. 452 (Neb. 1930)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Heesch v. Snyder, 124 N.W. 466 (Neb. 1910) 7
Brown v. Buckley, 125 N.W. 1086 (Neb. 1910) 3

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