McCullough v. Gilcrease

Supreme Court of Oklahoma
McCullough v. Gilcrease, 141 P. 5 (Okla. 1914)
40 Okla. 741; 1914 OK 248; 1914 Okla. LEXIS 135
Kane

McCullough v. Gilcrease

Opinion of the Court

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.

Reference

Full Case Name
McCULLOUGH Et Al. v. GILCREASE
Cited By
16 cases
Status
Published
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.)