A. G. Maddox, Acting Commissioner of Revenue and Taxation, Government of Guam v. Black, Raber-Kief & Associates, a Joint Venture

Ninth Circuit

A. G. Maddox, Acting Commissioner of Revenue and Taxation, Government of Guam v. Black, Raber-Kief & Associates, a Joint Venture

301 F.2d 904, 1962 U.S. App. LEXIS 5391

Court of Appeals for the Ninth Circuit·Decided April 13, 1962·No. 17685·Published·Cited by 1 cases

Opinion

PER CURIAM.

Appellee sought mandamus in the district court to require appellant to deliver certain securities appellee had deposited with appellant as a bond conditioned upon the payment of certain taxes. Appellee obtained a summary judgment, and order for the delivery of the securities to it, and levied a writ of execution. Appellant moved for a stay of execution, and moved to quash the summary judgment. Both motions were denied. The levy of execution was then issued, and the securities were delivered to appellee.

The judgment, having gone to execution, has eliminated any controversy between the parties, and there is no issue on the merits which this court can decide. The appeal is moot, and is dismissed. Brownlow v. Schwartz, 1923, 261 U.S. 216, 43 S.Ct. 263, 67 L.Ed. 620; Local No. 8-6, etc., Oil Worker’s Union *905 v. Missouri, 1960, 361 U.S. 363 at 367-368, 80 S.Ct. 391, 4 L.Ed.2d 373; 6 Moore, Fed.Prac. § 57.13, p. 3074; 3A Barron & Holtzoff, Fed.Prac. & Proc. § 1560, p. 95 (note 23).

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PER CURIAM.

Appellee sought mandamus in the district court to require appellant to deliver certain securities appellee had deposited with appellant as a bond conditioned upon the payment of certain taxes. Appellee obtained a summary judgment, and order for the delivery of the securities to it, and levied a writ of execution. Appellant moved for a stay of execution, and moved to quash the summary judgment. Both motions were denied. The levy of execution was then issued, and the securities were delivered to appellee.

The judgment, having gone to execution, has eliminated any controversy between the parties, and there is no issue on the merits which this court can decide. The appeal is moot, and is dismissed. Brownlow v. Schwartz, 1923, 261 U.S. 216, 43 S.Ct. 263, 67 L.Ed. 620; Local No. 8-6, etc., Oil Worker’s Union *905 v. Missouri, 1960, 361 U.S. 363 at 367-368, 80 S.Ct. 391, 4 L.Ed.2d 373; 6 Moore, Fed.Prac. § 57.13, p. 3074; 3A Barron & Holtzoff, Fed.Prac. & Proc. § 1560, p. 95 (note 23).

A. G. Maddox, Acting Commissioner of Revenue and Taxation, Government of Guam v. Black, Raber-Kief & Associates, a Joint Venture, 301 F.2d 904, 1962 U.S. App. LEXIS 5391 (9th Cir. 1962).

Pincite

301 F.2d 904 (A. G. Maddox, Acting Commissioner of Revenue and Taxation, Government of Guam v. Black, Raber-Kief & Associates, a Joint Venture) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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