Major v. City of Atlanta

Duckwokth, Justice.

1. “This court will in no case undertake to pass upon questions presented by a bill of exceptions, when it affirmatively appears that, even if the judgment of the court below were reversed, the plaintiff in error would derive no benefit from the adjudication.” Davis v. Jasper, 119 Ga. 57 (45 S. E. 724); Williams v. State, 187 Ga. 415 (1 S. E. 2d, 27) ; Smith v. Jeffries, 188 Ga. 649, 651 (4 S. E. 2d, 637); Patten v. Miller, 190 Ga. 123, 152 (8 S. E. 2d, 757).

2. Statements of fact in a motion to dismiss a case as moot, which are not directly denied by the opposite party,…