Funk v. First Nat. Bank of Miami

Supreme Court of Oklahoma

Funk v. First Nat. Bank of Miami

1933 OK 331, 22 P.2d 374, 164 Okla. 37, 1933 Okla. LEXIS 741

CourtSupreme Court of Oklahoma

DecidedMay 23, 1933

Docket21177

StatusPublished

This text of 1933 OK 331 (Funk v. First Nat. Bank of Miami) 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

Funk v. First Nat. Bank of Miami, 1933 OK 331, 22 P.2d 374, 164 Okla. 37, 1933 Okla. LEXIS 741 (Okla. 1933).

Pincite

Opinion

PER CURIAM.

On the 14th day of October, 1929, a judgment was granted in an action upon a promissory note for the plaintiff below. From that action A. P. Funk appealed to this court, and there has been a motion to dismiss filed for the reason that since that date, and on the 12th day of December, 1932, the plaintiff in error was discharged as a bankrupt, and that the trustee has not been made a party to this appeal or the appeal revived or right claimed in the name of the trustee, nor upon any order of the referee in bankruptcy. Where it appears from the record, or upon other reliable testimony, that the appeal has been abandoned or the questions involved have become moot, this court will not determine the matter upon abstract or moot questions, but will dismiss the appeal.

It is, therefore, ordered that the appeal be dismissed.

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PER CURIAM.

On the 14th day of October, 1929, a judgment was granted in an action upon a promissory note for the plaintiff below. From that action A. P. Funk appealed to this court, and there has been a motion to dismiss filed for the reason that since that date, and on the 12th day of December, 1932, the plaintiff in error was discharged as a bankrupt, and that the trustee has not been made a party to this appeal or the appeal revived or right claimed in the name of the trustee, nor upon any order of the referee in bankruptcy. Where it appears from the record, or upon other reliable testimony, that the appeal has been abandoned or the questions involved have become moot, this court will not determine the matter upon abstract or moot questions, but will dismiss the appeal.

It is, therefore, ordered that the appeal be dismissed.

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Bluebook (online)

1933 OK 331, 22 P.2d 374, 164 Okla. 37, 1933 Okla. LEXIS 741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/funk-v-first-nat-bank-of-miami-okla-1933.