Opinion
21996.
SUBMITTED MARCH 12, 1963.
DECIDED MARCH 25, 1963.
Petition for injunction, etc. Chatham Superior Court. Before Judge Harrison.
James W. Head, John F. M. Ranitz, Jr., John B. Miller, Reginald C. Haupt, Jr., for plaintiffs in error.
John W. Sognier, Malcolm Maclean, Malberry Smith, H. Sol Clark, Kirk McAlpin, Erwin A. Friedman, John R. Calhoun, Eugene Cook, Attorney General, E. Freeman Leverett, Deputy Assistant Attorney General, contra.
The case is moot for the reasons given in the opinion.
SUBMITTED MARCH 12, 1963 — DECIDED MARCH 25, 1963.
The plaintiffs brought their petition in the Superior Court of Chatham County against the Ordinary of Chatham County and the election managers of the November 6, 1962, election in Chatham County, praying that they be temporarily and permanently enjoined from certifying any candidate for the office of Senator from the Third Senatorial District of Georgia in the general election of November 6, 1962, other than on a senatorial district count basis, to wit: other than Joseph J. Tribble, who received the majority vote in the Third Senatorial District. Harris Slotin, who it is alleged received the highest vote on a county-wide basis, was named a defendant, and the petition prayed that he be temporarily and permanently enjoined from receiving or seeking any commission as Senator from the Third District. There were further prayers that the provision of the act to reapportion the State Senate which provides that Senators from those Senatorial Districts consisting of less than one county shall be elected by all the votes in the county in which such Senatorial District is located (Ga. L. 1962, Sept. Sess., pp. 7, 30) be declared unconstitutional. The trial judge sustained general demurrers to the petition and dismissed it. There was no supersedeas and the record discloses that Mr. Slotin's name was certified; that the Senate refused to seat him; that a special election was ordered and held, Mr. Tribble was elected therein, was seated by the Senate, and is now serving as Senator from the Third Senatorial District. In a companion case between the same parties in the same court alleging the same facts and praying for the same relief, except that there was no prayer to declare a provision of the Reapportionment Act unconstitutional, the trial court sustained general demurrers to the petition and dismissed it. This court in that case, Beatty v. Myrick, 218 Ga. 629 ( 129 S.E.2d 764), held that the trial court had no jurisdiction to entertain the case and properly dismissed it on general demurrer.
It appearing that after the denial of the injunction, the sustaining of the general demurrers, and the dismissal of plaintiff's petition the judgment was not superseded and all the acts sought to be enjoined have taken place in the interim, the case is moot. Bulman v. King, 212 Ga. 661 (1) ( 94 S.E.2d 865); Abernathy v. Dorsey, 189 Ga. 72 ( 5 S.E.2d 39); Smith v. Jeffries, 188 Ga. 649 ( 4 S.E.2d 637); Davis v. Mayor c. of Jasper, 119 Ga. 57 ( 45 S.E. 724). Furthermore, Mr. Slotin not having been seated as Senator from the Third District, and Mr. Tribble having been elected, seated, and now holding the office, plaintiffs have already gained everything they could possibly obtain by a favorable judgment. Richardson v. State, 172 Ga. 482 ( 157 S.E. 625); Way v. Warren, 212 Ga. 146 ( 91 S.E.2d 15).
The plaintiffs did not pray for relief as to future elections and "the mere fact that the plaintiffs might possibly derive some future benefit from a favorable adjudication on the abstract question, or that a decision would settle the question of costs, will not authorize this court to retain and decide the case." Abernathy v. Dorsey, 189 Ga. 72, supra.
Writ of error dismissed. All the Justices concur.