Brinegar v. Henderson Hardware Co.

Appellee has moved to dismiss the appeal on the ground that the case has become moot since the appeal was taken. The suit, which originated in the justice court, was to recover a balance owing upon a promissory note and to foreclose a chattel mortgage securing it. An appeal to the county court resulted in a judgment for appellee for the claimed amount sued for and foreclosing the chattel mortgage. The appeal to this court is upon cost bond without supersedeas; and the motion to dismiss is predicated upon the record showing that the only controversy in the case was whether certain chattels…