# City of San Antonio v. Brown

> Court of Appeals of Texas · May 18, 1932 · 50 S.W.2d 344

URL: https://www.frixlaw.com/law-library/cases/3915444

## Case

- **Full name:** CITY OF SAN ANTONIO Et Al. v. BROWN Et Al.
- **Court:** Court of Appeals of Texas
- **Decided:** May 18, 1932
- **Citations:** 50 S.W.2d 344; 1932 Tex. App. LEXIS 492
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Smith
- **Judges:** Smith
- **Cited by:** 1 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/3915444

## Opinion text

SMITH, J.
It appears that the question presented in the appeal is moot.
Ordinarily, in such case it would be sufficient to dismiss the appeal. To do so in this case, however, would leave the judgment appealed from intact, so that it could be pleaded in future as res adjudicata of the right, authority, and power of the city of San Antonio to legislate by ordinance relative to the use and occupation of public places such as that here involved, to the prejudice of one or both parties.
In such cases the better practice seems to be to dismiss the cause from the court below as well as this court. McWhorter v. Northcut, 94 Tex. 86 , 58 S. W. 720 ; Anderson .v. City of San Antonio (Tex. Civ. App.) 26 S.W. (2d) 353 .
Accordingly, the cause will be dismissed, the costs of appeal to be taxed equally against plaintiffs in errorr and defendants in error.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3915444. Public record. Not legal advice.