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191 Okla. 622

132 P.2d 340

Bonney v. Smith

Supreme Court of Oklahoma

Decided December 15, 1942

Supreme Court of Oklahoma · decided 1942-12-15

Relies on Starr v. Woods · Roper v. Board of Ed., City of Okmulgee · Stubblefield v. Bothel

Good law ✅— No negative treatment on recordhow we know

Decided 1942-12-15

How this case has been cited

Cited by 13 later decisions — most recently October 2007

13 state decisions

501942195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1 This is a proceeding commenced by W. C. Bonney to review an order of the'trial court granting a temporary injunction. The basis of the order was the finding by the trial court that no due notice of sale was given in a tax sale proceeding.

¶2 Subsequent to the appeal herein the case in the trial court was tried on its merits, and the court, according to the certified copy of the journal entry attached to the motion to dismiss on the trial of the cause on its merits, held that the temporary injunction should be made permanent.

¶3 A motion to dismiss has been filed for the reason that the trial on the merits has finally determined all of the issues involved, and that the appeal from the order granting the temporary injunction is moot.

¶4 We are of the opinion, and hold, that the appeal must be dismissed. Where the question tried to the court has become moot, the. appeal should be dismissed. McCauley v. State, 162 Okla. 153, 19 P. 2d 561; Roper v. Board of Education of City of Okmulgee, 167 Okla. 382, 29 P. 2d 950; State ex rel. Rives v. Halley, 167 Okla. 504, 30 P. 2d 915.

¶5 The appeal is therefore dismissed.

WELCH, C. J., CORN, V. C. J., and OSBORN, GIBSON, HURST, DAVISON, and ARNOLD, JJ., concur. RILEY and BAYLESS, JJ., absent.
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