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Noland v. Maxey

Supreme Court of Texas
Nov 26, 1930
119 Tex. 462 (Tex. 1930)

Opinion

Application No. 17815.

Decided November 26, 1930.

Moot Case — Writ of Error.

The object of the suit being to enjoin school trustees from erecting a school building on a certain site, and it appearing that the construction of same has been finished, the case becomes a moot one and application for writ of error is dismissed.

Noland and others apply for writ of error from the judgment of the Court of Civil Appeals dismissing their case. ( 31 S.W.2d 468.)

The application is dismissed as presenting only a moot case in an opinion per curiam.

L. G. Mathews and L. C. Penry, for plaintiffs in error.

C. D. Russell, for defendants in error.


The plaintiffs in error filed this suit against defendants in error for the purpose of enjoining them from erecting a school building on a certain site selected by the defendants in error as trustees of a school district. Temporary injunction issued. On appeal to the Court of Civil Appeals at Amarillo, the temporary injunction was dissolved and the petition dismissed. The plaintiffs in error, within the time allowed by law, filed their application for writ of error. However, on the presentation of the matter in this Court it has been made to appear that the construction of the school house has been finished, regardless of the status of the case in the courts. There is therefore nothing for this Court to determine. If any wrong has been committed by anyone, the consideration of a moot case is not the method of righting that wrong. Because the question involved is moot, we dismiss the application.


Summaries of

Noland v. Maxey

Supreme Court of Texas
Nov 26, 1930
119 Tex. 462 (Tex. 1930)
Case details for

Noland v. Maxey

Case Details

Full title:T. M. NOLAND ET AL. v. L. B. MAXEY ET AL

Court:Supreme Court of Texas

Date published: Nov 26, 1930

Citations

119 Tex. 462 (Tex. 1930)
32 S.W.2d 822

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