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McCullough v. Gilcrease

McCULLOUGH Et Al. v. GILCREASE

McCullough v. Gilcrease, 1914 OK 248, 141 P. 5
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
May 26, 1914
Docket
No. 3725
Judges
Kane
Citations
141 P. 51914 OK 24840 Okla. 7411914 Okla. LEXIS 135
Disposition
Dismissed.
Syllabus
APPEAL AND EREOR — Dismissal—Hypothetical Question. Abstract or hypothetical cases, disconnected from the granting of actual relief, or from the determination of which no particular result can follow other than the awarding of the costs of the appeal, will not be decided by this court. (Syllabus by the Court.)
Summary
Error from District Court, Tulsa County; L. M. Poe, Judge. Action between G. R. McCullough ánd others and Thomas Gilcrease. From the judgment, the parties first named bring error.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Kane

KANE, C. J.

This cause comes on to be heard upon a motion to dismiss in support of which there is an uncontradicted showing to the effect that the appeal in this cause now involves only a moot question of law, and that no good purpose can now be served by hearing or proceeding further with the appeal herein. Upon the showing made the appeal must be dismissed. It has many times been held that:

“Abstract or hypothetical cases, disconnected from the granting of actual relief, or from the determination of which no particular result can follow other than the awarding of the costs-of the appeal, will not be decided by this court.”

(Bryan v. Sullivan, 29 Okla. 686 , 119 Pac. 124 .)

The motion to dismiss is therefore sustained.

All the Justices concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 16 cases

View all citing references →
1914: 41915: 51916: 11918: 11920: 21923: 21925: 119142026peak 1915 · 5

Relies on it most ⓘ

  1. Loeser v. Loeser150 P. 1045 (Okla. 1915)
  2. Moore v. City of Perry1925 OK 90, 234 P. 625
  3. George v. Robinson1915 OK 463, 149 P. 1087
  4. Patterson v. Riley, County Clerk1915 OK 200, 148 P. 169
  5. Standard Stone Co. v. Greer1915 OK 991, 153 P. 640
  6. Canadian Trading Co. v. Ralls1914 OK 380, 142 P. 1033

Most recent

  1. Moore v. City of Perry1925 OK 90, 234 P. 625
  2. Sanford v. Markham1923 OK 1095, 221 P. 36
  3. School District No. 4, Ellis Co. v. Sumpter1923 OK 376, 219 P. 93
  4. Snelson v. Bodovitz1920 OK 358, 193 P. 878
  5. Doherty v. Citizens' Bank of Grove1920 OK 295, 233 P. 700
  6. Pitts v. People's Nat. Bank of Checotah1918 OK 509, 178 P. 257

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 1

DepthCaseCited by
Bryan v. Sullivan, 1911 OK 362, 119 P. 124 10

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