Van DeVegt v. Board of County Commissioners

The following opinion was filed March 19, 1936.

Mr. Justice Bouck

files the following opinion as a statement of his reasons for thinking that the proceedings in error should be dismissed without a decision on the merits:

At the very moment when in January of 1936 the tentative draft of the majority opinion herein first came on for consideration by this court the case was undoubtedly moot. (Italics in this opinion are mine.)

Under a practice heretofore uniformly followed by this court, we have hitherto refrained from deciding cases after they have become moot, whether by lapse of time or…