# Payne, County Treas. v. Jones

> Supreme Court of Oklahoma · February 15, 1944 · 193 Okla. 609

URL: https://www.frixlaw.com/law-library/cases/3834899

## Case

- **Full name:** PAYNE, County Treas., v. JONES Et Al.; SAME v. SMITH Et Al.
- **Court:** Supreme Court of Oklahoma
- **Decided:** February 15, 1944
- **Citations:** 193 Okla. 609; 146 P.2d 113; 1944 OK 86; 1944 Okla. LEXIS 321
- **Precedential status:** Published
- **Opinion:** Dissent by Gibson
- **Judges:** Hurst, Osborn, Bayless, Davison, Corn, Riley, Welch, Arnold, Gibson
- **Cited by:** 53 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3834899

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3834899. Public record. Not legal advice.