Summary

Shaffer v. Howard — Opinion of the Court

Counsel for both parties having stated in answer to an inquiry on the subject submitted to them by the court while the cause was pending after argument under submission that the term of office of the defendant officials had expired and their successors had qualified, and that there was no law of the state of Oklahoma authorizing a revival or continuance of the cause of action against such successors, it follows that the controversy has become merely moot and that we have no authority to further consider or dispose of it.
Source: Wikisource

Shaffer v. Howard — Opinion of the Court

But the absence of power which results from such disappearance cannot be supplied by the request referred to, since after all it amounts to but a suggestion that that be done which there is no authority to do; in other words that the cause be decided in the absence of the parties whose presence is essential to its decision.
Source: Wikisource

Shaffer v. Howard — Opinion of the Court

True it is that counsel in agreeing as to the statement above referred to suggest that, although the successors in office of the former defendants intend in the discharge of their official duties to enforce the tax complained of unless enjoined from doing so, nevertheless, in view of the importance to the people of the state that the subject-matter of the controversy be here determined, now request a decision of the pending cause irrespective of the disappearance of the parties defendant.
Source: Wikisource

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