GINDEN v. OKLAHOMA CITY

GINDEN v. OKLAHOMA CITY
1945 OK 119
158 P.2d 175
195 Okla. 384
Case Number: 32099
Decided: 04/10/1945
Supreme Court of Oklahoma

GINDEN
v.
OKLAHOMA CITY

Syllabus

¶0 APPEAL AND ERROR - Question becoming moot - Dismissal.
Where, after a proceeding in error has been instituted in this court, a condition arises under which the decision of the question raised would result in granting no relief other than determination of the question of awarding of the costs of the appeal, the case will be dismissed.

Appeal from District Court, Oklahoma County; Clarence Mills, Judge.

Proceeding to obtain a mandatory writ by J. H. Ginden against the City of Oklahoma City and Abe Herskowitz. From a judgment for the defendant, plaintiff appeals. Dismissed.

Gilliland, Ogden, Withington & Shirk, of Oklahoma City, for plaintiff in error.
A. L. Jeffrey, Municipal Counselor, of Oklahoma City, for defendants in error.

PER CURIAM.

¶1 This action was brought by J. H. Ginden to obtain a deed to lots 40 and 41 in block 23 in the original town site of Oklahoma City. The city sold the property to Abe Herskowitz. At a trial judgment was rendered for defendant, and plaintiff appeals.

¶2 After the appeal was lodged in this court plaintiff applied for a supersedeas bond, which was denied. On February 20, 1945, after the appeal was lodged in this court on February 12, 1945, the defendant deeded the property to Abe Herskowitz.

¶3 The defendant has filed a motion to dismiss for the reason that the question is moot. The motion to dismiss must be sustained. Maxwell v. City of Tulsa, 145 Okla. 155, 292 P. 66; Westgate Oil Co. v. Refineries Production Co., 172 Okla. 260, 44 P.2d 993; In re Protest against Referendum Petition No. 5, 185 Okla. 393, 92 P.2d 374; Resler v. Green, 177 Okla. 499, 61 P.2d 191.

¶4 The appeal is dismissed.