Doctors' Oil Co. v. Adair

Supreme Court of Oklahoma September 13, 1921

Doctors' Oil Co. v. Adair, 200 P. 858 (Okla. 1921)

83 Okla. 53; 1921 OK 312; 1921 Okla. LEXIS 299

Nicholson, Pitchford, Johnson, McNeill, Elting, Kennamer

Opinion of the Court

NICHOLSON, J.

Defendants in error have filed their motion to dismiss the appeal herein for the reason that the legal issues in-vplved in such appeal have become moot questions only.

It appears that this action was filed in the district court of Greer county by the defendants in error against the plaintiff in "error to cancel an oil and gas lease on the lands of the defendants in error, which léáse by its terms expired on May 3, 1921, and as no practical relief can be granted by a decision at this time, the case becomes Mooted, and will be regarded as abstract and hypothetical, and will be dismissed. Thomason, County Treasurer, v. Board of Com’rs of Delaware County, 56 Okla. 79, 155 Pac. 881; Parrish v. School District No. 19, 68 Oklahoma, 171 Pac. 461; Killough v. Ft. Supply Tel. Co., 55 Okla. 198; 154 Pac. 1192.

The appeal is dismissed.

.HARRISON, C. J., and PITCHFORD, JOHNSON, McNEILL, ELTING, and KENNAMER, JJ., concur.

Reference

Full Case Name: DOCTORS’ OIL CO. v. ADAIR Et Al.
Cited By: 8 cases
Status: Published
Syllabus: ('Syllabus,.) Appeal and Error — Dismissal—Moot Questions. Where an oil and gas lease by its terms expires while an action is pending for the cancellation thereof, and no practical relief can be gained by a decision, the case becomes mooted, and will be regarded as abstract and hypothetical, and not necessary for decision, and will be dismissed.