City of Brookings v. Martinson

Respondent above named has moved to dismiss the appeal herein upon the grounds that all questions involved have become moot.

Conceding that an appeal should be dismissed when the controversy between the parties has ceased to exist, and there is no subject-matter upon which the judgment of the appellate court could operate (Dickson v. Lord, 58 S. D. 643, 238 N. W. 21), and where the only judgment which could be rendered 'by the appellate court would be ineffectual for any purpose (Chicago, M. & St. P. R. Co. v. Commissioners, 28 S. D. 471, 134 N. W. 46), yet such power should be cautiously…