Personal Finance Co. v. Day

This case was decided by the Kansas City Court of Appeals but was transferred to this court because the Judges of that Court deemed their decision in conflict with a decision of the St., Louis Court of Appeals in the case of Lewis et al. v. Kaplan et al. (Mo. App.), 5 S. W. (2d) 699. We hear this case anew as though it came here by ordinary appellate process. [Const. Amend. 1884, Sec. 6.]

The question for decision is whether an appellate court may dismiss an appeal where the entire controversy became moot by the lapse of time while the appeal was awaiting argument.

The question arises in this…