State ex rel. Mathews v. Eastin, 40050

Decision Date05 May 1956
Docket NumberNo. 40050,40050
Citation179 Kan. 555,297 P.2d 170
PartiesThe STATE of Kansas ex rel. W. R. MATHEWS, County Attorney, Appellant, v. Cleo EASTIN and Floyd Eastin, Appellees.
CourtKansas Supreme Court

Syllabus by the Court.

1. Injunction is an equitable remedy which operates in futuro.

2. When it clearly appears by reason of changed circumstances between the trial of an action and its review in this court that any judgment this court renders would be unavailing as to the particular issue litigated, this court ordinarily will not consider and decide the mooted issue, whether one of law or fact.

John Anderson, Jr., Atty. Gen., Paul E. Wilson, Asst. Atty. Gen., W. R. Mathews, County Atty., Winfield and George E. Sybrant, Deputy County Atty., Arkansas City, were on the briefs for appellant.

George Templar, Earle N. Wright and Ted M. Templar, Arkansas City, were on the briefs for appellees.

WERTZ, Justice.

This was an action for injunction instituted by the State of Kansas on the relation of the county attorney of Cowley county for alleged violation of the Cereal Malt Beverage Act. The case was submitted to the trial court on its merits, which made findings of fact and conclusions of law and entered judgment for defendants. The state appeals and asserts that the judgment of the trial court was contrary to the evidence. The pertinent facts may be briefly stated:

Defendant Floyd Eastin was the holder of a cereal malt beverage license issued under the provisions of the Cereal Malt Beverage Act, G.S.1949, and G.S.1955 Supp., art. 27, ch. 41, and operated the Blue Ribbon Inn in Cowley county. Defendant Cleo Eastin, his wife, was one of his employees. The State sought to enjoin defendants from maintaining an alleged common nuisance based on the ground that defendants delivered and sold cereal malt beverages to certain individuals who were intoxicated, and permitted them to remain on the premises in an intoxicated condition.

Subsequent to the entry of judgment by the trial court in favor of defendants, and after the appeal was taken to this court by the state, the county attorney filed a motion to dismiss the appeal in this court as to the defendant Floyd Eastin for the reason that he was then deceased, and the State did not deem it practical or proper to revive the appeal against the personal representative of the deceased. The State's motion was sustained by this court and the action was dismissed as to defendant Floyd Eastin, February 2, 1956.

We are first confronted with defendant Cleo Eastin's motion to dismiss on the ground that the appeal is moot, and that by reason of the changed circumstances, this court's decision on the question presented would be of no consequence to the issues involved in the court below.

The rule is that an injunction is not an appropriate action to obtain relief for past or completed acts but operates only in futuro to prevent later acts. 28 Am.Jur., Injunctions, §§ 5, 7; Andeel v. Woods, 174 Kan. 556, 258 P.2d 285.

The license issued to defendant Floyd Eastin under the Cereal...

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5 cases
  • Curtis v. State
    • United States
    • South Carolina Supreme Court
    • July 17, 2001
    ...the granting of a new trial after it has become impossible to have a new trial in the case. See generally State ex rel. Mathews v. Eastin, 179 Kan. 555, 297 P.2d 170 (1956). Texas courts have held an appeal of a temporary injunction is moot where a trial court renders final judgment while t......
  • Aetna Life Insurance Company v. Bowen, Civ. A. No. 17210-3.
    • United States
    • U.S. District Court — Western District of Missouri
    • June 23, 1969
    ...that plaintiff's motion for summary judgment be, and the same is hereby, denied. 1 Defendant Marge Bowen cites State ex rel. Matthews v. Eastin, 179 Kan. 555, 297 P.2d 170, 171, as supporting this 2 By amended complaint filed January 1, 1969, plaintiff has changed its allegation in this reg......
  • State ex rel. Stephan v. Pepsi-Cola General Bottlers, Inc., PEPSI-COLA
    • United States
    • Kansas Supreme Court
    • February 19, 1983
    ...the need for an injunction has ceased this court will not review the merits of the issue on appeal. State ex rel., v. Eastin, 179 Kan. 555, 556, 297 P.2d 170 (1956). To obtain injunctive relief from prospective injury it must be shown there is a reasonable probability of injury and an actio......
  • Graves v. State Bd. of Pharmacy
    • United States
    • Kansas Supreme Court
    • May 13, 1961
    ...the case is moot and judicial action ceases. Dick v. Drainage District No. 2, 175 Kan. 869, 267 P.2d 494; State ex rel. Mathews v. Eastin, 179 Kan. 555, 297 P.2d 170, and cases cited therein. When the only relief sought and the need for that relief has ceased to be a justiciable issue, ordi......
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