City of San Antonio v. Brown

Full title: CITY OF SAN ANTONIO et al. v. BROWN et al

Court: Court of Civil Appeals of Texas, San Antonio

Date published: May 18, 1932

50 S.W.2d 344 (Tex. Civ. App. 1932)

Opinion

No. 8891.

May 18, 1932.

Error from District Court, Bexar County; R. B. Minor, Judge.

Suit between the City of San Antonio and others against J. J. Brown and others. To review the judgment, the former bring error.

Cause dismissed.

T. D. Cobbs, Jr., W. C. Davis, and Jack Davis, all of San Antonio, for plaintiffs in error.

T. H. Ridgeway, of San Antonio, for defendants in error.

SMITH, J.

It appears that the question presented in the appeal is moot.

Ordinarily, in such case it would be sufficient to dismiss the appeal To do so in this case, however, would leave the judgment appealed from intact, so that it could be pleaded in future as res adjudicata of the right, authority, and power of the city of San Antonio to legislate by ordinance relative to the use and occupation of public places such as that here involved, to the prejudice of one or both parties.

In such cases the better practice seems to be to dismiss the cause from the court below as well as this court. McWhorter v. Northcut, 94 Tex. 86, 58 S.W. 720; Anderson v. City of San Antonio (Tex.Civ.App.) 26 S.W.2d 353.

Accordingly, the cause will be dismissed, the costs of appeal to be taxed equally against plaintiffs in error and defendants in error.