A. G. Maddox, Acting Commissioner of Revenue and Taxation, Government of Guam v. Black, Raber-Kief & Associates, a Joint Venture
A. G. MADDOX, Acting Commissioner of Revenue and Taxation, Government of Guam, Appellant, v. BLACK, RABER-KIEF & ASSOCIATES, a Joint Venture, Appellee
Opinion
PER CURIAM.
Appellee sought mandamus in the district court to require appellant to deliver certain securities appellee had deposited with appellant as a bond conditioned upon the payment of certain taxes. Appellee obtained a summary judgment, and order for the delivery of the securities to it, and levied a writ of execution. Appellant moved for a stay of execution, and moved to quash the summary judgment. Both motions were denied. The levy of execution was then issued, and the securities were delivered to appellee.
The judgment, having gone to execution, has eliminated any controversy between the parties, and there is no issue on the merits which this court can decide. The appeal is moot, and is dismissed. Brownlow v. Schwartz, 1923, 261 U.S. 216 , 43 S.Ct. 263 , 67 L.Ed. 620 ; Local No. 8-6, etc., Oil Worker’s Union *905 v. Missouri, 1960, 361 U.S. 363 at 367-368 , 80 S.Ct. 391 , 4 L.Ed.2d 373 ; 6 Moore, Fed.Prac. § 57.13, p. 3074; 3A Barron & Holtzoff, Fed.Prac. & Proc. § 1560, p. 95 (note 23).
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 1 case
View all citing references →Relies on it most ⓘ
Most recent
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.