Legal Opinion · Dissent

Boylston Nat. Bank of Boston v. Wainhouse

Court of Appeals for the First Circuit

Decided August 17, 1926No. 1950Published

1DissentAnderson, Circuit Judge

The appellant’s seventh assignment of error is that the court below erred “in disallowing and rejecting your petitioner’s claim at a time when there was no composition pending and no adjudication had taken place.” The appellant thus asserts that the question presented is purely moot; the brief urges this point. Without this contention of the appellant itself, this case seems to me plainly to fall within the well-settled rule that a court will not decide moot questions. See Alejandrino v. Quezon (June 7, 1926), 46 S. Ct. 600, 70 L. Ed. —, opinion by Chief Justice Taft; Public Utility…

2Cases cited17 opinions

  1. Mills v. GreenSupreme Court of the United States · 1895
  2. Cumberland Glass Manufacturing Co. v. De Witt & Co.Supreme Court of the United States · 1915
  3. United States v. Hamburg-Amerikanische Packetfahrt-Actien GesellschaftSupreme Court of the United States · 1916
  4. Zavelo v. ReevesSupreme Court of the United States · 1913
  5. Keppel v. Tiffin Savings BankSupreme Court of the United States · 1905

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