Winston v. Ladner

Superior Court of Pennsylvania

Winston v. Ladner

71 Pa. Super. 238, 1919 Pa. Super. LEXIS 77

CourtSuperior Court of Pennsylvania

DecidedFebruary 28, 1919

DocketAppeal, No. 291

StatusPublished

This text of 71 Pa. Super. 238 (Winston v. Ladner) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Winston v. Ladner, 71 Pa. Super. 238, 1919 Pa. Super. LEXIS 77 (Pa. Ct. App. 1919).

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Opinion

Per Curiam,

The decree from which this appeal is taken, so far as it restrained the action of the Registration Commission, expired by limitation on May 21, 1918. The injunction [239]*239is no longer in force, and the question involved is merely academic. It follows, that the reversal of the decree would have no effect whatever upon the rights of any person. It is not the province of an appellate court to consider moot questions or abstract propositions, and to enter judgments or decrees to which effect cannot be given. The question has been very carefully considered in a number of cases without any difference of opinion as to the duty of the court under facts as presented on this appeal. See Com. v. Cairns, 48 Pa. Superior Ct. 265; Faust v. Cairns, 242 Pa. 15, and other cases cited therein.

The appeal is dismissed, the costs to be paid by the appellant.

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Per Curiam,

The decree from which this appeal is taken, so far as it restrained the action of the Registration Commission, expired by limitation on May 21, 1918. The injunction [239]*239is no longer in force, and the question involved is merely academic. It follows, that the reversal of the decree would have no effect whatever upon the rights of any person. It is not the province of an appellate court to consider moot questions or abstract propositions, and to enter judgments or decrees to which effect cannot be given. The question has been very carefully considered in a number of cases without any difference of opinion as to the duty of the court under facts as presented on this appeal. See Com. v. Cairns, 48 Pa. Superior Ct. 265; Faust v. Cairns, 242 Pa. 15, and other cases cited therein.

The appeal is dismissed, the costs to be paid by the appellant.

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Bluebook (online)

71 Pa. Super. 238, 1919 Pa. Super. LEXIS 77, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winston-v-ladner-pasuperct-1919.

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