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174 Ind. 128

Hood v. McCarthy

Indiana Supreme Court

Decided April 8, 1910

Indiana Supreme Court · decided 1910-04-08

<p>Appeal.— Dismissal. — Moot Questions.— Intoxicating Liquors.— Where an appeal is taken from an order granting a license to retail intoxicating liquors, and the year has expired for which the license was granted, the appeal presents only a moot question, and will be dismissed.</p>

Relies on Brown v. Dicus · Hale v. Berg

Good law ✅— No negative treatment on recordhow we know

Appeal dismissed · Decided 1910-04-08

How this case has been cited

Cited by 10 later decisions — most recently November 1935

10 state decisions

60191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Montgomery, J.

¶1The Board of Commissioners of the County of Miami, on September 3, 1907, overruled appellants’ remonstrance, and granted appellee a license to retail intoxicating liquors for one year. An appeal was taken to the Miami Circuit Court, and, on application, the venue was changed to the Cass Circuit Court, in which a demurrer was sustained to appellants’ amended remonstrance. Appellants declined to amend, and on December 19, 1907, final judgment was rendered in favor of appellee. It is alleged on appeal that the court erred in sustaining appellee’s demurrer to appellants’ remonstrance.

¶2It is manifest that the time for which the license was granted to appellee has long since expired, and the subject-matter of the litigation has ceased to exist. The question submitted is no longer a matter of actual controversy, but merely an abstract or mooted one. This court will not determine such questions, and the appeal must accordingly be dismissed. Brown v. Dicus (1909), 172 Ind. 51; Hale v. Berg (1908), 41 Ind. App. 48.

¶3■yhe appeal is dismissed.

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