Opinion
File No. 8173.
Opinion filed March 14, 1939.
Appeal and Error — Costs.
Where under Moratorium Act period of redemption was extended to February 1, 1939, and the order of extension had expired by its own terms, question presented on appeal from order was moot so that appeal was dismissed without cost to either party. (Laws. 1937, c. 207, § 10.)
Appeal from Circuit Court, Turner County; HON.C.C. PUCKETT, Judge.
Action by Andrew A. Christiansen against the Prudential Life Insurance Company of America. From an order extending the period of redemption, the defendant appeals.
Appeal dismissed.
Boyce, Warren Fairbank, of Sioux Falls, for Appellant.
Lars A. Bruce, of Yankton, for Respondent.
This appeal involves the question as to whether the trial court erred in entering an order extending the period of redemption under what is commonly referred to as the Moratorium Act, Chapter 207, Laws 1937. The period of redemption was extended to February 1, 1939, and from such order defendant has appealed.
The order having expired by its own terms, the Court is of the opinion that the question presented on this appeal has become moot, and that the appeal therefore should be dismissed without cost to either party, as provided in section 10 of the act referred to.
Order will be entered accordingly.
All the Judges concur.