mills green argued decided november obear appellant wm barber edward mccrady geo mower appellee justice gray delivered opinion bill equity filed april circuit district south carolina lawrence mills alleging citizen state south carolina resident certain precinct county richland qualified vote federal state elections precinct suing behalf citizens county like circumstances injunction briggs green supervisor registration county bill alleged statute south carolina december convention called revise constitution state delegates elected third tuesday august convention assemble second tuesday september statutes south carolina contained regulations registration voters certificates registration violation constitution south carolina constitution various particulars pointed abridging impeding destroying suffrage citizens state defendant exercising duties prescribed statutes intended continue specifically intended furnish deliver boards managers appointed hold election delegates constitutional convention registration books several precincts used managers election plaintiff failed register voter notwithstanding repeated efforts become registered found unable comply unreasonable burdensome regulations prescribed unconstitutional registration laws desirous voting delegates constitutional convention election prescribed statute purpose registration books defendant hands contain plaintiff name others like circumstances permitted managers vote election unless names found upon books unless produce registration certificates defendant permitted continue illegal partial void registration allowed turn books managers plaintiff deprived right vote election grievous irreparable wrong done citizens like circumstances prayer bill writ injunction straining enjoining said defendant individually supervisor registration performance acts hereinbefore complained relief filing bill circuit granted temporary injunction prayed ordered notice defendant show cause may continued force day hearing ordered continued final determination case order fed defendant appealed circuit appeals june reversed orders circuit dissolved injunction remanded case directions dismiss bill app fed plaintiff september appealed appeal entered september defendant moved dismiss appeal assigning one ground motion actual controversy involving real substantial rights parties record subjectmatter upon judgment operate opinion appeal must dismissed upon ground without considering question appearing record discussed counsel duty every judicial tribunal decide actual controversies judgment carried effect give opinions upon moot questions abstract propositions declare principles rules law affect matter issue case necessarily follows pending appeal judgment lower without fault defendant event occurs renders impossible decide case favor plaintiff grant effectual relief whatever proceed formal judgment dismiss appeal fact appearing record may proved extrinsic evidence lord veazie california san pablo sup defendant indeed notice filing bill equity injunction restrain building house railroad structure persists completing building nevertheless deprived authority whenever opinion justice requires deal rights parties stood commencement suit compel defendant undo wrongfully done since time answer damages tucker howard mass cases cited attorney general great northern ry de gex terhune railroad eq eq town platteville galean intervening event owing either plaintiff act power beyond control either party stay hand example appeals dismissed plaintiff executed release right appeal elwell fosdick sup rights parties come control persons lord veazie chamberlain cleveland black paper heft wall east tennessee southern tel sup south spring min amador min sup matter compromised settled parties dakota glidden sup pending suit concerning validity assessment tax tax paid san mateo southern pac sup little bowers sup manufacturing wright sup amount tax tendered deposited bank statute effect actual payment receipt money california san pablo sup appeals taken decree foreclosure sale also decrees made execution decree principal decree reversed held later appeals annulled operation law withdrawn must dismissed lack anything operate railroad fosdick sup pending appeal decree dismissing bill restrain sale property plaintiff assessments street improvements cancel certificates assessments certificates quashed annulled judgment another suit appeal dismissed without costs either party washington market district columbia sup pending writ error action survive law plaintiff died writ error abated martin railroad sup great case state wheeling bridge bill equity filed original jurisdiction injunction construction maintenance bridge across ohio river obstruction free navigation river entertained jurisdiction may decreed bridge obstruction nuisance either abated elevated interfere free navigation river awarded costs defendant suspended enforcement decree limited time allow defendant carry scheme obstruction navigation might removed act congress august chapter defendant authorized maintain bridge site elevation officers crews vessels boats navigating river required regulate use vessels boats pipes chimneys belonging thereto interfere elevation construction bridge stat bridge blown violent storm summer defendant preparing rebuild according original plan plaintiff june obtained justice grier vacation injunction served upon defendant notwithstanding proceeded erection bridge completed november december term defendant moved dissolve injunction plaintiff filed motions sequestration defendant attachment contempt officers disobeying former decree injunction justice grier execution costs awarded former decree held act constitutional exercise power congress regulate interstate commerce since act portion former decree directed alteration abatement bridge carried execution therefore denied plaintiff motions sequestration attachment dissolved injunction granted plaintiff execution costs decreed passage act congress suit county restrain railroad corporation building railroad along public highway iowa held order refusing injunction though erroneous made reversed legislature pending appeal authorized act complained linn hewitt iowa still analogous present case one brought appeals york stated opinion follows action commenced restrain certain persons proceeding incorporate village north tarrytown general act legislature authorizing incorporation villages persons made defendants signed notice required officers town inspectors election temporary injunction obtained dissolved election held majority votes determined favor incorporation proceedings incorporation perfected village officers chosen corporation operation supplemental complaint facts set judgment demanded acts declared null void grounds action statute complied statute unconstitutional deem necessary determine whether action maintainable originally commenced appeared upon trial presented us upon appeal effectual judgment rendered acts sought restrained consummated project incorporate village village become incorporated defendants necessary proper parties action upon facts disclosed trial village trustees exercising franchise necessary parties action injunction restraining defendants practical effect upon corporation deem proper therefore express opinion upon points presented involving validity statute regularity proceedings reason decision made effectual judgment people clark case bar whole object bill secure right vote election held bill alleged third tuesday august delegates constitutional convention south carolina appeal taken plaintiff decree circuit appeals dismissing bill date passed entry appeal convention assembled pursuant statute south carolina convention called large pp election delegates assembling convention public matters taken notice without formal plea proof lower courts appeal decisions take judicial notice constitution public laws state union owings hull pet lamar micou sup sup hanley donoghue sup bank francklyn sup gormley bunyan sup martin railroad sup taking judicial notice constitution laws state must take judicial notice days public general elections members legislature convention revise fundamental law state well times commencement sitting bodies dates acts take effect greenl ev brown piper gardner collector wall hoyt russell sup jones sup obvious therefore even bill properly held present case within jurisdiction circuit relief within scope bill granted appeal dismissed without costs either party