Opinion

Youngblood v. Incorporated Town of Wewoka

  • 95 Okla. 28
  • 225 P. 695
  • 1923 OK 516
  • 1923 Okla. LEXIS 73
Court
Supreme Court of Oklahoma
Filed
Jul 17, 1923
Status
Published
Author
Harrison
On the bench
Harrison, Johnson, McNeill, Ken-Namer, Branson
Cited by
11 cases
Authority
More cited than 90.0%

The opinion

HARRISON, J,

This was an action by M. S. Youngblood et al. to enjoin the town of Wewoka, through its officials, from entering into a contract for a water works system. The court denied the injunction and plaintiffs below appealed to this court. In the meantime, there being' no superse-deas bond, the contract sought to be enjoined has been let and ratified by the citizens of Wewoka.

On June 20, 1923, defendants in error filed motion to dismiss the appeal on the ground :

*29

First. -That the question presented by this appeal has now become a moot question.

Second. That the act sought to be enjoined in this action has been done. * * *

Under the above state of facts, the question involved has become moot. In such cases this court will dismiss the appeal. Doctors Oil Co. v. Adair, 83 Okla. 53 , 200 Pac. 858 : Teter v. Board of Education, 85 Okla. 16 , 204 Pac. 129 ; Drummond v. City of Ada, 86 Okla. 200 , 206 Pac. 200 ; Atkins v. Page, 86 Okla. 290 , 208 Pac. 824 .

The action being to enjoin officials from doing an act which has already been done, this, court will not issue its mandate for injunction. Teter v. Board of Education; Drummond v. City of Ada, supra.

Under the facts in this case, and the foregoing authorities, the motion to dismiss is sustained. Appeal dismissed.

JOHNSON, C. J., ail'd McNEILL, KEN-NAMER, and BRANSON, J.I., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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