FUNK v. FIRST NAT. BANK OF MIAMI

FUNK v. FIRST NAT. BANK OF MIAMI
1933 OK 331
22 P.2d 372
164 Okla. 37
Case Number: 21177
Decided: 05/23/1933
Supreme Court of Oklahoma

Funk
v.
First Nat'l Bank

Syllabus

¶0 Appeal and Error--Dismissal--Moot Questions.
The court will not decide abstract or moot questions disconnected from the granting of actual relief, and where the plaintiff in error has filed bankruptcy proceedings and obtained a discharge and a motion is made to dismiss the appeal on that ground and upon the ground that the cause has become moot, and no response has been filed thereto, this court may, at its discretion, dismiss the action.

Appeal from District Court, Craig County; Ad V. Coppedge, Judge.

Action by the First National Bank of Miami, Okla., against A. P. Funk. Judgment for plaintiff, and defendant appeals. Dismissed.

W. H. Kornegay and Wm. T. Rye, for plaintiff in error.
E. C. Fitzgerald, for defendant in error.

OPINION: PER CURIAM.

¶1 On the 14th day of October, 1929, a judgment was granted in an action upon a promissory note for the plaintiff below. From that action A. P. Funk appealed to this court, and there has been a motion to dismiss filed for the reason that since that date, and on the 12th day of December, 1932, the plaintiff in error was discharged as a bankrupt, and that the trustee has not been made a party to this appeal or the appeal revived or right claimed in the name of the trustee, nor upon any order of the referee in bankruptcy. Where it appears from the record, or upon other reliable testimony, that the appeal has been abandoned or the questions involved have become moot, this court will not determine the matter upon abstract or moot questions, but will dismiss the appeal.