NEW ORLEANS FLOUR INSPECTORS v. GLOVER

NEW ORLEANS FLOUR INSPECTORS v. GLOVER. APPEAL. PROM THE CIRCUIT COURT OP THE UNITED STATES POR THE EASTERN DISTRICT OF LOUISIANA. No. 88. Argued November 22 and submitted December 2, 1895. Decided December 9, 1895. Mills v. Greent 159 TJ. S. 651, affirmed to the point 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 the appellate court, if it should decide the case in fav.or of the plaintiff, to grant him • any effectual relief, the court will not proceed to a formal judgment, but will dismiss-the appeal. The case is sufficiently stated in the short opinion of the court. Mr. J. B. Beckwith argued for appellant on the 22d day of November, 1895. At the close of his argument the court adjourned until the 2d day of December following. Mr. William, Wirt Howe on that day presented himself to argue for appellees, but the court declined to hear further argument in the case. [MAJORITY — The Chief Justice :] The Chief Justice : The decree below enjoined appellants from enforcing against appellees act No. 71 of the extra session of the general assembly of Louisiana of 1870, (Session Laws La. Ex. Sess. 1870, 156)'. This act was repealed June 28, 1892, (No. 23 of 1892, Acts La. 1892, 34,) and the appeal is dismissed on the authority of Mills v. Green, 159 U. S. 651. Appeal dismissed.