Opinion
No. 25,909.
Filed September 19, 1930.
APPEAL — Dismissal — Question for Decision had Become Moot. — An appeal by the defendant from a decision of the trial court involving the rights of the relator in the primary election of 1930, which election was held May 6th, was dismissed where appellant's assignment of errors was not filed until June 6th thereafter.
From Marion Circuit Court; Harry O. Chamberlin, Judge.
Proceeding on the relation of Scott Moser against Otto G. Fifield, Secretary of State. From the judgment rendered, the latter appealed. Appeal dismissed.
Howard P. Robinson, for appellants.
George W. Long, for appellee.
This cause came on to be heard upon relator's motion to dismiss the appeal. Decision upon the merits, to be of use to any of the parties, must have been made prior to May 6, 1930, the day of the primary election. The assignment of errors in this court was filed June 6, 1930. Relator's motion to dismiss is sustained.
The appeal is dismissed.