WIMMER v. STATE

WIMMER v. STATE
1929 OK 380
280 P. 830
138 Okla. 244
Case Number: 20250
Decided: 09/24/1929
Supreme Court of Oklahoma

WIMMER, Mayor,
v.
STATE ex rel. BAXTER et al.

Syllabus

¶0 Appeal and Error--Dismissal--Moot Questions.
When a question presented by an appeal to this court has become moot, the appeal will be dismissed.

Error from District Court, Pottawatomie County; Asa E. Walden, Assigned Judge.

Mandamus by the State ex rel. G. S. Baxter et al. against Neal Wimmer, Mayor of Shawnee. From a judgment and order of the trial court directing the defendant to call a special election in the city of Shawnee, he appeals. Dismissed.

F. H. Reily and A. J. Carlton, for plaintiff in error.
Park Wyatt and Saunders & Emerick, for defendant in error.

PER CURIAM.

¶1 On the 28th day of December, 1928, the district court of Pottawatomie county issued a peremptory writ of mandamus against Neal Wimmer, who was acting mayor of the city of Shawnee, to issue his proclamation calling a special election in said city of Shawnee for the purpose of submitting to the voters therein certain proposed amendments to the charter of the city of Shawnee. It was further ordered that in the event of the adoption of said amendment to the charter of said city by the citizens thereof, the said Neal Wimmer, as mayor, forthwith proceed to issue his proclamation calling a special election in the city of Shawnee for the election of certain officials as provided in the city charter as amended. A motion for new trial was duly filed, and on January 21, 1929, the same was by the trial court overruled, and the appeal from the judgment and order in this cause was filed in this court March 30, 1929.