Burns v. National Mining, Tunnel & Land Co.

Since this case was lodged here on appeal, the appellees have filed a motion to dismiss it, based upon the ground that since the appeal was taken a settlement of the subject-matter of controversy has been effected. If there has been such a settlement that the rights of the parties will not be affected by any judgment which this court might render, the appeal should be dismissed, for its province as a court of review is to decide and settle controversies by a judgment which will fix the rights of the parties before it, and not to determine either questions of law or fact which cannot affect…