Lewis Publishing Co. v. Wyman, 228 U.S. 610 (1913)

Lewis Publishing Co. v. Wyman

No. 179

Argued March 11, 1913
Decided May 12, 1913
228 U.S. 610

APPEAL FROM THE CIRCUIT COURT OF APPEALS

FOR THE EIGHTH CIRCUIT

Syllabus

The admission of a magazine to second-class mail privileges on the petition of the owners made pending a suit to enjoin the enforcement of an order excluding the magazine from such privileges renders the contentions of plaintiff moot, and it is no longer in a position to ask for an injunction.

When the question involved in a bill becomes moot, the court should not retain the bill in order to determine plaintiff’s liability on a bond, it not appearing in this case that plaintiff is in any danger from an action to enforce the bond.

A suit, which has become moot, will not be retained in order to determine appellant’s liability on bonds when there is nothing in the record on which the rights of the parties may be adjudicated.

A suit which has become moot will not be retained in order to secure an accounting for amounts paid after its commencement when it appears on the face of the bill that plaintiff, in order to recover far larger amounts paid prior to the commencement of the suit, must bring an action at law in which all amounts paid could be included.

An order made by the Postmaster General admitting a magazine to second-class mail privileges on certain conditions, made pending a suit to enjoin an order excluding the magazine, is a matter of administration, and affords no ground for relief in the suit for injunction against enforcing the order of exclusion, or for retaining that suit after it has become moot by reason of such order.

182 F. 13 affirmed.

The facts are stated in the opinion.