Drummond v. Jeffrey

Supreme Court of Oklahoma
Drummond v. Jeffrey, 65 P.2d 1212 (Okla. 1937)
179 Okla. 409; 1937 OK 171; 1937 Okla. LEXIS 289
Osborn, Riley, Welch, Phelps, Hurst

Drummond v. Jeffrey

Opinion of the Court

PER CURIAM.

Plaintiff commenced this action and at the inception applied for a temporary injunction, which was by the court denied. From thlat order he appealed to this court and filed his petition in error with case-made attached on February 7, 1936. After the appeal was lodged in this court, the trial court hdard the cause on its merits and denied the application for injunction. A motion to dismiss has been filed for the reason that this appeal is moot. We 'are of the opinion and hold that the appeal from the order refusing to grant the temporary injunction has become moot. The sole purpose of a temporary injunction is to maintain the clause in statu quo until a trial upon the merits. High on Injunctions (4th Ed.) section 3; 32 C. J. page 20; Ex parte Grimes, 20 Okla. 446, 94 P. 668. In this connection see West v. Michelin, 113 Okla. 199, 240 P. 738.

The appeal is dismissed.

OSBORN, C. J., and RILEY, WELCH, PHELPS, 'and HURST, JX, concur.

Reference

Full Case Name
DRUMMOND v. JEFFREY Et Al.
Cited By
31 cases
Status
Published