Opinion
No. 25662.
April 16, 1935.
(Syllabus.)
Appeal and Error — Dismissal — Moot Questions.
Where the defendant in error moves to dismiss upon the ground that the question involved in the appeal has become moot, and on requirement of the court to respond to such motion no response is filed, and the allegations of the motion appear reasonably to be sustained, this court may dismiss the appeal.
Appeal from District Court, Tulsa County; Harry L.S. Halley, Judge.
Appeal by E.J. Doerner and others from an order on certain claims filed with Mary Martha Layton et al., ancillary receivers of the Illinois Life Insurance Company. Appeal dismissed.
Hugh Ownby and Stuart Doerner, for plaintiffs in error.
Randolph, Haver, Shirk Bridges and Duff Manatt, for defendants in error.
A motion to dismiss has been filed which alleges that the same parties appellant herein are obtaining the very relief they seek in this court in the federal court, where a receiver is adjusting the claims of the parties litigant. This motion is not resisted. The appeal is therefore dismissed.