Morris

The trial court dismissed an action instituted by appellant seeking to enjoin appellees from constructing a bridge across Montezuma Slough, situate in Solano County, State of California. Appellant duly appealed to this court from the judgment of dismissal but did not obtain a stay either in the trial court or in this court, as a consequence of which the bridge has been constructed. It is contended that the construction of the bridge renders the subject matter of the appeal before this court moot. A motion was filed by appellee asking that the appeal be dismissed on that ground. The motion was heard by a different panel of this court. That panel denied the motion without prejudice to its again being presented at the time of the hearing on the merits.

We see no question of law or fact involved in the instant appeal the determination of which would be helpful in a subsequent ease of this character. The controversy revolves around the question of whether a proper notice of hearing was given and a proper hearing had before the permit to construct the-bridge was issued by the Chief of Engineers and the Secretary of the Army. The legality of the issuance of each permit would be…