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Taylor v. Long-Bell Lumber Co.

Taylor v. Long-Bell Lumber Co., 142 P. 1036 (Okla. 1914)
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
August 18, 1914
Docket
No. 5639
Judges
Bleakmore
Citations
142 P. 103643 Okla. 2301914 Okla. LEXIS 497
Disposition
Appeal dismissed.
Syllabus
APPEAL AND ERROR — Moot Question — Dismissal of Appeal. Where a proceeding in error involves only a moot question of law, the cause will be dismissed. (Syllabus by the Court.)
Summary
Error from District Court, Kingfisher County; James W. Steen, Judge. Action by the Long-Bell Lumber Company against John E. Taylor. Judgment for plaintiff, and defendant brings 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 — Bleakmore

BLEAKMORE, J.

This is a proceeding in error to review the action of the trial court in overruling a motion to vacate and set aside an order of sale of real estate in a foreclosure proceeding, and it now comes on to be heard upon motion to dismiss the appeal.

Since the case was lodged in this court, the land involved has been sold under judgment of the court below in another action for the foreclosure of a prior mortgage, in which said last-mentioned proceeding the parties hereto were made parties and their rights fully determined.

The appeal in this case, therefore, involves only a moot question of law; and the motion to dismiss is sustained.

McCullough v. Gilcrease, 40 Okla. 741 , 141 Pac. 5 , and cases there cited.

All the Justices concur.

How later courts describe this case

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

1920: 119202026peak 1920 · 1

Relies on it most ⓘ

  1. Kelley v. Hamilton1920 OK 147, 189 P. 535

Most recent

  1. Kelley v. Hamilton1920 OK 147, 189 P. 535

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
McCullough v. Gilcrease, 1914 OK 248, 141 P. 5 16

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