Opinion
File No. 8004.
Opinion filed March 19, 1937.
Appeal and Error.
Question presented on appeal from order extending period of redemption held moot when order expired by its own terms after issue had been joined and case had been orally argued before reviewing court, and hence appeal was required to be dismissed (Laws 1935, c. 178, § 11).
Appeal from Circuit Court, Minnehaha County; HON. JOHN T. MEDIN, Judge.
Suit by the Equitable Life Assurance Society of the United States against Oliver S. Pendar and another. From an order extending the period of redemption, the plaintiff appeals.
Appeal dismissed.
Boyce, Warren Fairbank, of Sioux Falls, for Appellant.
T.R. Johnson, of Sioux Falls, for Respondents.
In this case issue was joined on January 6, 1937, and the case was argued orally before the court by counsel on February 1, 1937. The questions involved arise under the so-called Moratorium Act of 1935 (chapter 178, Laws 1935). The order extended the period of redemption to March 1, 1937.
The order having expired by its own terms, the court is of the opinion that the questions presented on this appeal have become moot, and that the appeal therefore should be dismissed without cost to either party, as provided in section 11 of the act referred to.
Order will be entered accordingly.
All the Judges concur.