WALLACE v. McCLENDON

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WALLACE v. McCLENDON
1930 OK 305
289 P. 354
144 Okla. 39
Case Number: 21309
Decided: 06/17/1930
Supreme Court of Oklahoma

WALLACE, Co. Treas.,
v.
McCLENDON et al.

Syllabus

¶0 Appeal and Error--Dismissal--Moot Questions.
Where the time over which the controversy arose has expired, and no practical relief can be gained by a decision, the cause becomes moot, and will be regarded as abstract and hypothetical, and not necessary for decision, and may be dismissed.

Error from District Court, Atoka County; P. L. Gassaway, Judge.

Injunction by Joe McClendon and others against J. W. Wallace, County Treasurer of Atoka County. Judgment for plaintiffs, and defendant appeals. Dismissed.

H. H. Cook, for plaintiff in error.
Williams & Allen and J. G. Ralls, for defendants in error.

PER CURIAM.

¶1 This is an appeal by J. W. Wallace, county treasurer of Atoka county, from a judgment of the district court enjoining plaintiff in error, as such county treasurer, from selling at resale, April 21, 1929, real estate of the defendants in error and others similarly situated for taxes due thereon, delinquent and unpaid and upon which previous sales have been made to Atoka county at delinquent tax sales.

¶2 The defendants in error have filed herein their motion to dismiss the appeal upon the grounds the questions involved in this appeal have become moot for the reason the time fixed by law for holding of such resales for the year 1930 has passed and no legal sale can now be had in this year.