97 So. 676 | Miss. | 1923
delivered the opinion of the court.
Appellants, T. P. Yates and others, patrons of the Blue Springs consolidated public school, died their bill in the chancery court of Union county against appellees T. A. J. Beasley. E. Blizzard, the superintendent of education of that county, and the trustees of the Blue Springs consolidated public school, for the purpose of enjoining said superintendent from contracting with appellee Beasley to teach in said school during the scholastic year of 1922-23, and to enjoin appellee Beasley from teaching in said school for said period. Upon proper fiat a writ of injunction was issued enjoining appellees in accordance with the prayer of said bill. Appellees answered, delaying the material allegations of the bill.
The cause was heard on bill, answer, motion to dissolve the injunction, and proof. A final decree was rendered dissolving the injunction, from which appellants prosecute this appeal.
At the time this cause is being considered and decided by this court the scholastic year of 1922-23 has expired.
We are reminded that in McInnis v. Pace, supra, although the questions were moot they were nevertheless decided. This is true,.but in doing so the court departed from the long-established, sound rule. The declaring of principles of law in moot cases is neither binding on the parties nor on the courts. To do so simply amounts to the court giving advice about a matter without authority. No precedent is made for future cases.
Appeal dismissed.