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Drummond v. Jeffrey

DRUMMOND v. JEFFREY Et Al.

Drummond v. Jeffrey, 1937 OK 171, 65 P.2d 1212
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
March 16, 1937
Docket
No. 26958.
Judges
Osborn, Riley, Welch, Phelps, Hurst
Citations
65 P.2d 12121937 OK 171179 Okla. 4091937 Okla. LEXIS 289

Opinion of the Court — Per Curiam

PER CURIAM.

Plaintiff commenced this action and at the inception applied for a temporary injunction, which was by the court denied. From thlat order he appealed to this court and filed his petition in error with case-made attached on February 7, 1936. After the appeal was lodged in this court, the trial court hdard the cause on its merits and denied the application for injunction. A motion to dismiss has been filed for the reason that this appeal is moot. We 'are of the opinion and hold that the appeal from the order refusing to grant the temporary injunction has become moot. The sole purpose of a temporary injunction is to maintain the clause in statu quo until a trial upon the merits. High on Injunctions (4th Ed.) section 3; 32 C. J. page 20; Ex parte Grimes, 20 Okla. 446 , 94 P. 668 . In this connection see West v. Michelin, 113 Okla. 199 , 240 P. 738 .

The appeal is dismissed.

OSBORN, C. J., and RILEY, WELCH, PHELPS, 'and HURST, JX, concur.

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Cited by 30 cases

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1937: 51938: 61939: 91940: 11941: 11942: 11945: 11946: 11947: 11948: 11981: 11993: 12007: 119372026peak 1939 · 9

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.

Authorities cited 3

DepthCaseCited by
West v. Michelin, 1925 OK 879, 240 P. 738 1
Ex Parte Grimes, 1908 OK 32, 94 P. 668 12
Ex Parte Grimes, 94 P. 668 (Okla. 1908) 10

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