17 Ga. App. 257 | Ga. Ct. App. | 1915
It being conceded in the brief and argument of his counsel that the possessory warrant under which the plaintiff in error was arrested has been dismissed and he has been discharged, a decision of the questions raised in the present record would be immaterial to any right of the plaintiff in error, and the ease therefore falls under the general rule that courts of review will not undertake to adjudicate causes which have been so far disposed of as to leave the plaintiff in error no substantial ground for complaint, nor concern themselves with delivering an opinion upon moot questions.
The bill of exceptions assigns error upon'the judgment refusing to discharge the plaintiff in error on a petition for habeas corpus,
The unremitting labor involved in deciding cases in which substantial rights of parties litigant are involved is amply sufficient to employ our entire time and to consume our surplus energies. However accommodating might be our disposition, the labor involved in those cases in which there is necessity for decision, paralyzes the impulse to indulge in learned disquisition upon mere abstractions. From the cases cited in Kitchens v. State, 4 Ga. App. 440 (61 S. E. 736), it will be seen that the rule that courts of review do not settle moot questions or deal with fictitious litigation, nor proceed to judgment where it is shown that the parties have settled their controversy, is well settled. See also Benton v. Singleton, 114 Ga. 548 (40 S. E. 811); Akerman v. Cartersville, 119 Ga. 27 (45 S. E. 725); Davis v. Mayor &c. of Jasper, 119 Ga. 57 (45 S. E. 724); Marietta Chair Co. v. Henderson, 119 Ga.
Dismissed.