Wallace, Co. v. Mcclendon
| Decision Date | 17 June 1930 |
| Docket Number | Case Number: 21309 |
| Citation | 1930 OK 305,289 P. 354,144 Okla. 39 |
| Parties | WALLACE, Co. Treas., v. McCLENDON et al. |
| Court | Oklahoma Supreme Court |
¶0 Appeal and Error--Dismissal--Moot Questions.
Where the time over which the controversy arose has expired, and no practical relief can be gained by a decision, the cause becomes moot, and will be regarded as abstract and hypothetical, and not necessary for decision, and may be dismissed.
Error from District Court, Atoka County; P. L. Gassaway, Judge.
Injunction by Joe McClendon and others against J. W. Wallace, County Treasurer of Atoka County. Judgment for plaintiffs, and defendant appeals. Dismissed.
H. H. Cook, for plaintiff in error.
Williams & Allen and J. G. Ralls, for defendants in error.
¶1 This is an appeal by J. W. Wallace, county treasurer of Atoka county, from a judgment of the district court enjoining plaintiff in error, as such county treasurer, from selling at resale, April 21, 1929, real estate of the defendants in error and others similarly situated for taxes due thereon, delinquent and unpaid and upon which previous sales have been made to Atoka county at delinquent tax sales.
¶2 The defendants in error have filed herein their motion to dismiss the appeal upon the grounds the questions involved in this appeal have become moot for the reason the time fixed by law for holding of such resales for the year 1930 has passed and no legal sale can now be had in this year.
¶3 An examination of the record presented in this appeal discloses such sale was advertised for April 21, 1930, the date required by law therefor, and that such resale was not begun on said day, and from which it now appears that the time for holding such resale has passed and the question presented by this appeal has become moot. Under this condition the rule of law announced in the cases of Thomason v. Board of Com'rs, Delaware Co., 56 Okla. 79, 155 P. 881; Delaware County v. Board of Com'rs., 56 Okla. 81, 155 P. 881; Drummond v. City of Ada, 86 Okla. 32, 206 P. 200; Arinwine v. Sawner, 112 Okla. 252, 240 P. 1042; Town of Covington v. Coberly, 136 Okla. 20, 275 P. 1064; State ex rel. Freeman v. Champion, 92 Okla. 282, 219 P. 99; Parrish v. School District No. 19, 68 Okla. 42, 171 P. 461, is applicable, and the appeal is dismissed.
¶4 Note.--See "Appeal and Error," 4 C. J. § 2385, p. 578, n. 3.
To continue reading
Request your trial