Johnson v. Saindow

134 A. 585, 99 Vt. 436, 1926 Vt. LEXIS 156

• Court: Supreme Court of Vermont
• Decided: October 6, 1926
• Status: Published

Opinion

Slack, J.

This is an action of contract brought to recover the amount claimed to be due on a promissory note. The trial was by court. On the facts found plaintiff had judgment for part only of his claim, and the case comes here on his exceptions.

While the record does not show that the case has in fact been settled since the judgment below was rendered so that the rights of the parties are no longer in controversy, and that the ease is being prosecuted here, by agreement of the parties, for tbe sole purpose of having the law raised by plaintiff’s exceptions decided for the government of future cases, counsel for the respective parties, in effect, admit such to be the fact. Since this is so, we take no time to examine the exceptions.

We have repeatedly refused to entertain moot cases. In re James, 98 Vt. 477, 129 Atl. 175; Lindsay v. Town of Brattleboro et al., 96 Vt. 503, 120 Atl. 888; In re Reynolds’ Estate, 89 Vt. 224, 95 Atl. 498; Alfred v. Alfred, 87 Vt. 542, 90 Atl. 580; State v. Webster, 80 Vt. 391, 67 Atl. 1098. No stipulation of parties or counsel, whether in the ease before the Court or in any other case, can affect the power or duty of the Court in this regard.

Exceptions dismissed without costs to either party in this Court.