Whittington v. City of Ardmore

Supreme Court of Oklahoma
Whittington v. City of Ardmore, 73 P.2d 413 (Okla. 1937)
181 Okla. 286; 1937 OK 672; 1937 Okla. LEXIS 128
Per'Curiam, Osborn, Batless, Phelps, Gibson, Hurst, Davi-Son, Rilet, Welch, Corn

Whittington v. City of Ardmore

Opinion of the Court

PER'CURIAM.

On May 8, 1937, after this proceeding was filed in this court, plaintiffs in error filed a motion to stay proceedings until final determination of the appeal. It is alleged therein that the city of Ardmore and the State Plighway Commission were about to receive bids and let a contract for an underpass in the city of Ardmore, and that unless they were so restrained such contract would be let. This motion was set and heard before this court, and on May 18, 1987, this court denied the application to stay proceedings.

A motion has been filed to dismiss on the ground that the question involved in this appeal has become moot for the reason that on May 18, 1937, pursuant to proper advertising, the bids alleged and mentioned in said complaint were let by the State Highway Commission of the state of Oklahoma, and that there is nothing more to be done by the State Highway Commission or the city of Ardmore in connection with the letting of said contract.

We are of the opinion, and hold, that the question has become moot. We have said that where the sole remedy sought is injunctive relief, and the act sought to be enjoined is performed, this court will dismiss the appeal as moot. Roper v. Board of Education, 167 Okla. 382, 29 P. (2d) 950; Drummond v. Jeffrey, 179 Okla,. 409, 65 P. (2d) 1212; Hudson v. Moore, 169 Okla. 12, 35 P. (2d) 886.

The appeal is dismissed.

OSBORN, C. J., BATLESS, Y. C. J., and PHELPS, GIBSON, HURST, and DAVI-SON, JJ., concur. RILET, WELCH, and CORN, JJ., absent.

Reference

Full Case Name
WHITTINGTON Et Al. v. CITY OF ARDMORE Et Al.
Cited By
2 cases
Status
Published