FARQUHARSON v. CITY OF GUTHRIE

FARQUHARSON v. CITY OF GUTHRIE
1933 OK 342
22 P.2d 907
164 Okla. 50
Case Number: 22287
Decided: 05/31/1933
Supreme Court of Oklahoma

Farquharson
v.
Guthrie

Syllabus

¶0 Appeal and Error--Dismissal--Moot Questions.
Where a motion is filed to dismiss a cause of action, and in response thereto the movant admits that the motion should be granted upon conditions which impliedly admit that the case is moot and should be dismissed, the appeal will be dismissed within the discretion of the court.

Appeal from District Court, Logan County; O. C. Wybrant, Assigned Judge.

Action by A. O. Farquharson et al. against the City of Guthrie to enjoin and cancel the issuance of certain bonds of the City of Guthrie. From an order validating the bonds, the adverse parties appeal. Dismissed.

Harry F. Brown and Blakeney & Ambrister, for plaintiffs in error.
Merle G. Smith and John Adams, for defendants in error.

OPINION: PER CURIAM.

¶1 This is an action to dismiss after the appeal had been lodged in this court from an action involving the issuing of certain bonds of the city of Guthrie. The appeal is taken by the adverse parties from an order validating the bonds issued by the city of Guthrie, and it is agreed by both parties to this proceeding that, subsequent to the issuance of these bonds and subsequent to the appeal in this case, the question of issuing bonds covering the same matter for the same purpose was submitted to the people of the city of Guthrie and that issue was carried overwhelmingly.

¶2 A response to the motion to dismiss has been filed herein in which they state that although the movant says the question has become moot and that the proper authorities of the city of Guthrie have canceled the old bonds, there is nothing in the record to show that the old bonds were canceled and states that they were perfectly willing that the appeal be dismissed if there is a certificate from the city clerk of the city of Guthrie to the effect that the old bonds have been canceled, but that if that certificate is not furnished they do not wish the appeal dismissed, but that it should be settled upon the merits.