DRUMMOND v. JEFFREY

DRUMMOND v. JEFFREY
1937 OK 171
65 P.2d 1212
179 Okla. 409
Case Number: 26958
Decided: 03/16/1937
Supreme Court of Oklahoma

DRUMMOND
v.
JEFFREY et al.

Syllabus

¶0 APPEAL AND ERROR -- Where an appeal is taken from an order refusing a temporary injunction and pending such appeal the trial on the merits denies an injunction, the first appeal becomes moot.

Appeal from District Court, Osage County; Jesse J. Worten, Judge.

Application for an injunction by Alfred A. Drummond against A. L. Jeffrey and others. From an order refusing a temporary injunction, plaintiff appeals. Appeal dismissed.

Gray & Palmer, of Pawhuska, for plaintiff in error.
J. C. Cornett, of Pawhuska, for defendants in error.

PER CURIAM.

¶1 Plaintiff commenced this action and at the inception applied for a temporary injunction which was by the court denied. From that order he appealed to this court and filed his petition in error with case-made attached on February 7, 1936. After the appeal was lodged in this court, the trial court heard the cause on its merits and denied the application for injunction. A motion to dismiss has been filed for the reason that this appeal is moot. We are of the opinion and hold that the appeal from the order refusing to grant the temporary injunction has become moot. The sole purpose of a temporary injunction is to maintain the cause in statu quo until a trial upon the merits. High on Injunctions (4th Ed.) § 3; 32 C.J. p. 20; Ex parte Grimes, 20 Okl. 446, 94 P. 668. In this connection, see West v. Michelin, 113 Okl. 199, 240 P. 738.

¶2 The appeal is dismissed.