Opinion

Payne, County Treas. v. Jones

  • 193 Okla. 609
  • 146 P.2d 113
  • 1944 OK 86
  • 1944 Okla. LEXIS 321
Court
Supreme Court of Oklahoma
Filed
Feb 15, 1944
Status
Published
Author
Gibson
On the bench
Hurst, Osborn, Bayless, Davison, Corn, Riley, Welch, Arnold, Gibson
Cited by
53 cases
Authority
More cited than 0.4%

The opinion

GIBSON, V. C. J.

(dissenting). The statement in the majority opinion to the contrary notwithstanding, the record in this case discloses that these appeals have become moot. This court also knows that fact from verbal statements made by the plaintiff in error in his lifetime and by counsel in the cases.

In Chicago, R. I. & P. Ry. Co. et al. v. State, 43 Okla. 368 , 143 P. 37 , we said:

“It is well settled that the Supreme Court will not decide abstract or hypothetical cases, disconnected from the

*614

granting of actual relief, or from the determination of which no practical relief can follow. C., R. I. & P. Ry. Co. v. Territory, 21 Okla. 329 , 97 P. 265 ; Parker v. Territory, 20 Okla. 851 , 94 P. 175 ; Davis v. Humbarger, 27 Okla. 781 , 117 P. 198 ; Sneed v. State, 27 Okla. 259 , 111 P. 203 .”

We have repeated that rule numerous times.

No relief can result from promulgating the majority opinion. It is advisory only, and heretofore we have consistently refrained from giving advisory opinions.

I therefore respectfully dissent.

OSBORN, BAYLESS, and DAVISON, JJ., concur in this dissent.

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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