Rippee v. Rippee

Decided March 18, 1947

Supreme Court of Oklahoma · decided 1947-03-18

(Syllabus.) APPEAL AND ERROR — <italic>Appeal rendered moot and dismissed</italic> <italic>where parties resumed marital relation after appeal from</italic> <italic>judgment denying annulment of marriage.</italic> In an action to annul a marriage where annulment is denied and appeal prosecuted to this court, and pleadings filed in this court disclose that since such appeal the interested parties have voluntarily resumed, and continue to maintain, their marital relation, the appeal is moot and will be dismissed.

Decided 1947-03-18

PER CURIAM.

¶1In the trial court this cause captioned “Finis Rippee, as Father and Next Friend of Forrest E. Rippee, a Minor, Plaintiff, versus Jean (Cuppy) Rippee, Defendant.” No question appears to have been raised as to the propriety of the arrangement of names in the caption.

¶2In the journal entry denying annulment of the marriage between Forrest E. Rippee and Jean (Cuppy) Rippee, the trial court seems to have treated Forrest E. Rippee as the plaintiff, and we will do likewise for the purpose of this opinion.

¶3This husband and wife were not living together when the action was filed or the judgment rendered, but after judgment denying annulment this husband and wife voluntarily' resumed their marital relations, and as indicated by pleadings filed' herein they still fully maintain the relationship of husband and wife. Therefore- the action is moot and likewise this appeal.

¶4Appeal dismissed.

HURST, C.J., and RILEY, OSBORN, BAYLESS, CORN, and GIBSON, JJ;, concur.