Youngblood v. Incorporated Town of Wewoka

1923 OK 516, 225 P. 695, 95 Okla. 28, 1923 Okla. LEXIS 73

• Court: Supreme Court of Oklahoma
• Decided: July 17, 1923
• Docket: 13849
• Status: Published

Opinion

HARRISON, J,

This was an action by M. S. Youngblood et al. to enjoin the town of Wewoka, through its officials, from entering into a contract for a water works system. The court denied the injunction and plaintiffs below appealed to this court. In the meantime, there being' no superse-deas bond, the contract sought to be enjoined has been let and ratified by the citizens of Wewoka.

On June 20, 1923, defendants in error filed motion to dismiss the appeal on the ground :

First. -That the question presented by this appeal has now become a moot question.

Second. That the act sought to be enjoined in this action has been done. * * *

Under the above state of facts, the question involved has become moot. In such cases this court will dismiss the appeal. Doctors Oil Co. v. Adair, 83 Okla. 53, 200 Pac. 858: Teter v. Board of Education, 85 Okla. 16, 204 Pac. 129; Drummond v. City of Ada, 86 Okla. 200, 206 Pac. 200; Atkins v. Page, 86 Okla. 290, 208 Pac. 824.

The action being to enjoin officials from doing an act which has already been done, this, court will not issue its mandate for injunction. Teter v. Board of Education; Drummond v. City of Ada, supra.

Under the facts in this case, and the foregoing authorities, the motion to dismiss is sustained. Appeal dismissed.

JOHNSON, C. J., ail'd McNEILL, KEN-NAMER, and BRANSON, J.I., concur.