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Stockwell v. McAlvay

Court of Appeal of California, First District, Division Two
Oct 21, 1931
117 Cal.App. 583 (Cal. Ct. App. 1931)

Opinion

Docket No. 8047.

October 21, 1931.

MOTION to dismiss an appeal from a judgment of the Superior Court of Los Angeles County. Georgia P. Bullock, Judge. Appeal dismissed.

The facts are stated in the opinion of the court.

Newby Newby for Appellants.

Harry M. Irwin and Andrew H. Rose for Respondent.


Plaintiffs sued for an injunction restraining defendant from voting certain shares of stock of the Consumers' Salt Company during the pendency of an appeal from the judgment in an action entitled McAlvay v. Consumers' Salt Co., et al. The appeal in the latter action was finally determined by judgment of the District Court of Appeal entered March 9, 1931, affirming the judgment of the lower court, which confirmed and quieted the title of McAlvay in the stock in issue. ( McAlvay v. Consumers' Salt Co., 112 Cal.App. 383 [ 297 P. 135].) [1] The respondent in the present action now moves that the appeal herein be dismissed upon the ground that all the issues involved herein have become moot because of said decision of the appellate court.

The motion should be granted upon the well-settled rule that when the controversy between the parties is ended the appeal should not be entertained solely for the purpose of entering an academic discussion of the legal questions presented. (2 Cal. Jur., p. 749; Foster v. Smith, 115 Cal. 611, 612 [47 P. 591]; In the Matter of the Guardianship of Ambrose, 170 Cal. 160, 164 [ 149 P. 43].)

The appeal is dismissed.

Sturtevant, J., and Spence, J., concurred.


Summaries of

Stockwell v. McAlvay

Court of Appeal of California, First District, Division Two
Oct 21, 1931
117 Cal.App. 583 (Cal. Ct. App. 1931)
Case details for

Stockwell v. McAlvay

Case Details

Full title:B.C. STOCKWELL et al., Appellants, v. B.D. McALVAY, Respondent

Court:Court of Appeal of California, First District, Division Two

Date published: Oct 21, 1931

Citations

117 Cal.App. 583 (Cal. Ct. App. 1931)
4 P.2d 167

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