Flood v. City of Dallas
Flood v. City of Dallas
Opinion of the Court
The appellant, Ben J. Flood, brought this suit against the appellees, the city of Dallas, the mayor, the commissioners, and auditor thereof, praying for a temporary injunction restraining appellees from paying over to the League of Texas Municipalities or its officers the sum of $921.04, under authority of the following resolution passed by the board of commissioners of said city on the 6th day of August, 1919:
“Be it resolved by the board of commissioners of the city of Dallas that there be and is hereby set aside and appropriated out of the unappropriated fund of the general fund to account of $l-G-8 the sum of $921.04, to be paid to the League of Texas Municipalities to be used in establishing a legal bureau by said league to make a study of the question of a public utilities commission.”
Appellant averred in his petition, among other things not necessary to state in view of the disposition we shall make the ease, that account $1-6-8 referred to in the resolution quoted is known as the special contingent fund 9f the board of commissioners; “that the said sum of money attempted to be appropriated to the League of Municipalities was not included in the estimate submitted by the Mayor to the board of commissioners in his annual budget as is required to be done by section 16, art. Ill, of the City Charter of the City of Dallas,” etc.; and that, under the provisions of said charter and the Constitution and laws of this state, the board of commissioners was without authority to appropriate and pay over to the League of Municipalities the sum of money mentioned. Appellant further alleged that unless enjoined appellees would pay over said sunt to said league, and prayed that a temporary writ of injunction be issued restraining them from doing so. Upon the presentation of appellant’s petition, the district judge ordered the same filed and directed that appel-lees be notified to appear on the 18th day of August, 1919, and show cause why the injunction prayed for should not be granted. The appellees appeared and pleaded general and special demurrers and specially to the merits. A hearing was only duly had on the 18th day of August, 1919, the appellee’s general demurrer sustained, and, the appellant declining to amend, the writ of injunction was denied and his bill dismissed. On the 23d day of August, 1919, the appellant filed an appeal bond and caused a transcript of the proceedings had below to be filed in this court on the 27th day of August, 1919. The appellees now come and say, in effect, that after the writ of injunction prayed for was *195 ■denied and before the filing of the appellant’s appeal bond, to wit, on the 19th day of August, 1919, .they paid over to the League of Municipalities the sum of money, the payment of which is sought to be enjoined, therefore the subject-matter in controversy has been fully disposed of and the questions involved are now academic and should not. be determined by this court.
The subject-matter of the controversy in ■this suit having ceased to exist, a decision of the questions involved would be useless, for if the case should be reversed the court below could not render an effective judgment. In such cases the rule is to dismiss the case and not the appeal. It is therefore ordered that this cause be dismissed.
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Reference
- Full Case Name
- FLOOD v. CITY OF DALLAS Et Al.
- Cited By
- 6 cases
- Status
- Published