DEAN v. PASCHALL

DEAN v. PASCHALL
1943 OK 395
143 P.2d 819
193 Okla. 342
Case Number: 30871
Decided: 12/07/1943
Supreme Court of Oklahoma

DEAN
v.
PASCHALL

Syllabus

¶0 APPEAL AND ERROR--Dismissal of appeal where question involved becomes moot.
Where the defendant in error moves to dismiss upon the ground that the question involved in the appeal has become moot, and on requirement of the court to respond to such motion no response is filed, and the allegations of the motion appear reasonably to be sustained, this court may dismiss the appeal.

Appeal from Superior Court, Okmulgee County; Harland A. Carter, Judge.

Action in forcible entry and detainer by John N. Paschall against R. H. Dean. From an adverse judgment defendant appeals. Dismissed.

D. E. Ashmore and James K. Eaton, both of Okmulgee, for plaintiff in error.
C. B. McCrory and Harry D. Pitchford, both of Okmulgee, for defendant in error.

PER CURIAM.

¶1 A motion to dismiss has been filed which alleges that the premises involved in the litigation are no longer in possession of the plaintiff in error and that the appeal has become moot. This motion is not resisted although this court called for a response to the motion to dismiss. Under such circumstances, as stated in Doerner v. Layton, 171 Okla. 522, 43 P.2d 741, the appeal may be dismissed as moot.

¶2 Appeal dismissed.

¶3 CORN, C. J., GIBSON, V. C. J., and RILEY, OSBORN, BAYLESS, WELCH, HURST, DAVISON, and ARNOLD, JJ., concur.