Eslick v. Mott

Supreme Court of Oklahoma

Eslick v. Mott

1912 OK 347, 126 P. 230, 38 Okla. 105, 1913 Okla. LEXIS 316

CourtSupreme Court of Oklahoma

DecidedMay 14, 1912

Docket3246

StatusPublished

Cited by1 cases

This text of 1912 OK 347 (Eslick v. Mott) 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

Eslick v. Mott, 1912 OK 347, 126 P. 230, 38 Okla. 105, 1913 Okla. LEXIS 316 (Okla. 1912).

Pincite

Opinion

KANE, J.

This cause comes on to be heard upon a motion to dismiss the appeal, supported by affidavit showing that the controversy between the parties has been settled, and that therefore the questions involved have become merely hypothetical. As the affidavit supporting the motion to dismiss is uncontroverted, it must be taken as true, and, under a long line of authorities by this court, the appeal must be dismissed. In the case of Cleveland-Trinidad Paving Company v. Wood, County Treasurer, 29 Okla. 684, 119 Pac. 123, it was held that .“the Supreme Court' will not decide abstract or hypothetical cases, disconnected from the granting of actual relief, or from the determination of which no practical relief can follow.” To the same effect is National Refrigerator & Butchers’ Supply Company v. Elsing, 29 Okla. 334, 116 Pac. 790; Edwards et al. v. Welch, 29 Okla. 335, 116 Pac. 791, and Bryan v. Sullivan, 29 Okla. 686, 119 Pac. 124.

The appeal is dismissed.

All the Justices concur.

Free access — add to your briefcase to read the full text and ask questions with AI

KANE, J.

This cause comes on to be heard upon a motion to dismiss the appeal, supported by affidavit showing that the controversy between the parties has been settled, and that therefore the questions involved have become merely hypothetical. As the affidavit supporting the motion to dismiss is uncontroverted, it must be taken as true, and, under a long line of authorities by this court, the appeal must be dismissed. In the case of Cleveland-Trinidad Paving Company v. Wood, County Treasurer, 29 Okla. 684, 119 Pac. 123, it was held that .“the Supreme Court' will not decide abstract or hypothetical cases, disconnected from the granting of actual relief, or from the determination of which no practical relief can follow.” To the same effect is National Refrigerator & Butchers’ Supply Company v. Elsing, 29 Okla. 334, 116 Pac. 790; Edwards et al. v. Welch, 29 Okla. 335, 116 Pac. 791, and Bryan v. Sullivan, 29 Okla. 686, 119 Pac. 124.

The appeal is dismissed.

All the Justices concur.

Cite This Page — Counsel Stack

Bluebook (online)

1912 OK 347, 126 P. 230, 38 Okla. 105, 1913 Okla. LEXIS 316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eslick-v-mott-okla-1912.

Opinion

Related

Cite This Page — Counsel Stack