Eslick v. Mott
Supreme Court of Oklahoma
Error from Superior Court, Muskogee County; Fcurrar L. McCain, Judge. Action between Merritt Eslick and M. L. Mott. From the judgment, Eslick brings error.
1Opinion of the CourtKane, J.
This cause comes on to be heard upon a motion to dismiss the appeal, supported by affidavit showing that the controversy between the parties has been settled, and that therefore the questions involved have become merely hypothetical. As the affidavit supporting the motion to dismiss is uncontroverted, it must be taken as true, and, under a long line of authorities by this court, the appeal must be dismissed. In the case of Cleveland-Trinidad Paving Company v. Wood, County Treasurer, 29 Okla. 684, 119 Pac. 123, it was held that .“the Supreme Court' will not decide abstract or hypothetical…
2Cases cited4 opinions
- National Refrigerator & Butchers' Supply Co. v. ElsingSupreme Court of Oklahoma · 1911
- Bryan v. SullivanSupreme Court of Oklahoma · 1911
- Edwards v. WelchSupreme Court of Oklahoma · 1911
- Cleveland Trinidad Paving Co. v. WoodsSupreme Court of Oklahoma · 1911
3Cited by1 opinion
- Nichols v. BeardsleySupreme Court of Oklahoma · 1930