White v. City of Pawhuska
| Decision Date | 15 September 1925 |
| Docket Number | Case Number: 16338 |
| Citation | 113 Okla. 270,239 P. 578,1925 OK 737 |
| Parties | WHITE v. CITY OF PAWHUSKA et al. |
| Court | Oklahoma Supreme Court |
¶0 Appeal and Error--Dismissal--Moot Question--Injunction.
Where injunctive relief only is sought, and the act sought to be enjoined has been performed, the question becomes moot, and the appeal will be dismissed.
Appeal from District Court, Osage County; Jesse J. Worten, Judge.
Suit by H. P. White against the City of Pawhuska and others, Commissioners of the City of Pawhuska, and another, for an injunction. From a judgment dissolving a restraining order and denying a temporary injunction, plaintiff appeals. Appeal dismissed.
H. P. White, for plaintiff in error.
Wilson, Murphey & Duncan, for defendants in error.
¶1 This action was brought to enjoin the city of Pawhuska from letting a certain paving contract, and a temporary restraining order was granted. On a hearing for a temporary injunction, the restraining order was dissolved, and a temporary injunction denied, and plaintiff in error appealed. A supersedeas bond was denied, and plaintiff in error made application to this court for bond; it was also denied. After both the trial court and the Supreme Court had refused to supersede the judgment, defendant in error let the contract for the paving.
¶2 Since the enjoining of the letting of the contract was the only relief sought, and the contract having now been let, this appeal becomes moot, and is dismissed.
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White v. City of Pawhuska
...upon application of defendants, thereafter dissolved, whereupon the cause was carried to Supreme Court of the state ( White v. City of Pawhuska, 113 Okla. 270, 239 P. 578, dismissed as involving moot question), and that defendants had notice of pendency of such cause at all times; that plai......
- White v. City of Pawhuska