Drummond v. Jeffrey

Supreme Court of Oklahoma

Drummond v. Jeffrey

1937 OK 171, 65 P.2d 1212, 179 Okla. 409, 1937 Okla. LEXIS 289

CourtSupreme Court of Oklahoma

DecidedMarch 16, 1937

DocketNo. 26958.

StatusPublished

Cited by31 cases

This text of 1937 OK 171 (Drummond v. Jeffrey) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Drummond v. Jeffrey, 1937 OK 171, 65 P.2d 1212, 179 Okla. 409, 1937 Okla. LEXIS 289 (Okla. 1937).

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Opinion

PER CURIAM.

Plaintiff commenced this action and at the inception applied for a temporary injunction, which was by the court denied. From thlat order he appealed to this court and filed his petition in error with case-made attached on February 7, 1936. After the appeal was lodged in this court, the trial court hdard the cause on its merits and denied the application for injunction. A motion to dismiss has been filed for the reason that this appeal is moot. We 'are of the opinion and hold that the appeal from the order refusing to grant the temporary injunction has become moot. The sole purpose of a temporary injunction is to maintain the clause in statu quo until a trial upon the merits. High on Injunctions (4th Ed.) section 3; 32 C. J. page 20; Ex parte Grimes, 20 Okla. 446, 94 P. 668. In this connection see West v. Michelin, 113 Okla. 199, 240 P. 738.

The appeal is dismissed.

OSBORN, C. J., and RILEY, WELCH, PHELPS, 'and HURST, JX, concur.

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PER CURIAM.

Plaintiff commenced this action and at the inception applied for a temporary injunction, which was by the court denied. From thlat order he appealed to this court and filed his petition in error with case-made attached on February 7, 1936. After the appeal was lodged in this court, the trial court hdard the cause on its merits and denied the application for injunction. A motion to dismiss has been filed for the reason that this appeal is moot. We 'are of the opinion and hold that the appeal from the order refusing to grant the temporary injunction has become moot. The sole purpose of a temporary injunction is to maintain the clause in statu quo until a trial upon the merits. High on Injunctions (4th Ed.) section 3; 32 C. J. page 20; Ex parte Grimes, 20 Okla. 446, 94 P. 668. In this connection see West v. Michelin, 113 Okla. 199, 240 P. 738.

The appeal is dismissed.

OSBORN, C. J., and RILEY, WELCH, PHELPS, 'and HURST, JX, concur.

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Bluebook (online)

1937 OK 171, 65 P.2d 1212, 179 Okla. 409, 1937 Okla. LEXIS 289, Counsel Stack Legal Research, https://law.counselstack.com/opinion/drummond-v-jeffrey-okla-1937.

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