South Park Floral Co. v. Garvey

Indiana Supreme Court

South Park Floral Co. v. Garvey

107 N.E. 68, 182 Ind. 635, 1914 Ind. LEXIS 173

CourtIndiana Supreme Court

DecidedDecember 17, 1914

DocketNo. 22,711

StatusPublished

Cited by7 cases

This text of 107 N.E. 68 (South Park Floral Co. v. Garvey) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

South Park Floral Co. v. Garvey, 107 N.E. 68, 182 Ind. 635, 1914 Ind. LEXIS 173 (Ind. 1914).

Pincite

Opinion

Morris, J.

Appellant sued appellee to enjoin him from performing a contract for a street improvement in the city of Newcastle. Appellee’s demurrer to the complaint was sustained, and appellant declining to plead further judgment was rendered for appellee on July 9, 1914, and appellant prayed an appeal to this court which was granted. The transcript and appellant’s briefs were filed September 28, 1914. Jurisdiction of the appeal is in this court because of a constitutional question involved. On December 15, 1914, appellee filed a verified motion to dismiss the appeal, because as shown, on November 4, 1914, appellee fully completed the performance of the contract sought to be enjoined, and, on the same day, the city council by proper resolution accepted the work as fully completed, and afterwards, on November 16, .1914, the city authorities fully paid to appellee the contract price of the work.

It thus appears that because of appellee’s acts, since the appeal was taken there is nothing .on which an order of injunction could operate, and the motion to dismiss must be sustained, but the dismissal should be at appellee’s cost. Ogborn v. City of Newcastle (1912), 178 Ind. 161, 98 N. E. 869, and authorities cited. Appeal dismissed at appellee’s cost.

Note. — Reported in 107 N. E. 68. See, also, 3 Cyc. 188; 11 Cyc. 212.

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

Morris, J.

Appellant sued appellee to enjoin him from performing a contract for a street improvement in the city of Newcastle. Appellee’s demurrer to the complaint was sustained, and appellant declining to plead further judgment was rendered for appellee on July 9, 1914, and appellant prayed an appeal to this court which was granted. The transcript and appellant’s briefs were filed September 28, 1914. Jurisdiction of the appeal is in this court because of a constitutional question involved. On December 15, 1914, appellee filed a verified motion to dismiss the appeal, because as shown, on November 4, 1914, appellee fully completed the performance of the contract sought to be enjoined, and, on the same day, the city council by proper resolution accepted the work as fully completed, and afterwards, on November 16, .1914, the city authorities fully paid to appellee the contract price of the work.

It thus appears that because of appellee’s acts, since the appeal was taken there is nothing .on which an order of injunction could operate, and the motion to dismiss must be sustained, but the dismissal should be at appellee’s cost. Ogborn v. City of Newcastle (1912), 178 Ind. 161, 98 N. E. 869, and authorities cited. Appeal dismissed at appellee’s cost.

Note. — Reported in 107 N. E. 68. See, also, 3 Cyc. 188; 11 Cyc. 212.

Cite This Page — Counsel Stack

Bluebook (online)

107 N.E. 68, 182 Ind. 635, 1914 Ind. LEXIS 173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/south-park-floral-co-v-garvey-ind-1914.

Opinion

Related

Cite This Page — Counsel Stack