Standard Fire Insurance v. Fishback
Standard Fire Insurance v. Fishback
Opinion of the Court
The appellant seeks in this action to enjoin respondent from revoking its license to do business in this state. The lower court sustained a demurrer to the second amended complaint, and the appellant having elected to stand upon such complaint, a judgment of dismissal was entered. From such judgment, this appeal is prosecuted.
The rule is well settled in this court that we will not consider cases where nothing but moot or abstract questions are involved. Vollman v. Industrial Workers of the World, 79 Wash. 192, 140 Pac. 337, and cases cited.
Following this practice, the appeal will be dismissed without prejudice to the rights of the appellant to bring another action, should defendant attempt to revoke its license upon unauthorized grounds. Neither party will recover costs.
Reference
- Full Case Name
- Standard Fire Insurance Company, of Hartford, Connecticut v. H. O. Fishback, as Insurance Commissioner
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- Appeal — Decisions Reviewable — Cessation of Controversy — Repeal of Act — Moot Question. In an action to enjoin threatened action by the insurance commissioner, where the only question involved is the constitutionality of provisions of an act which was amended pending the appeal by eliminating the provisions in question, the appeal will be dismissed as involving only a moot question; as it will not be presumed that the commissioner will longer enforce the \eliminated provisions."