Opinion
No. 25329
November 27, 1934.
(Syllabus.)
Habeas Corpus — Original Proceeding in Supreme Court Dismissed Where Questions Become Moot.
Where an application is made in this court for writ of habeas corpus and before action is taken thereon the parties by mutual agreement appear in the district court and seek relief upon the same ground as urged in this court, the proceedings will be declared moot in this court and dismissed.
Original proceedings in the matter of ex parte applications for writ of habeas corpus by Wesley G. Bailey, as father and custodian of Margaret H. Bailey and Wesley G. Bailey, Jr., et al. Writ denied and proceedings dismissed.
Wesley G. Bailey, for petitioner.
C.R. Reeves, for respondent.
This original application was filed January 27, 1934, and thereafter on February 27, 1934, a motion to dismiss was filed and the matter taken up by reference. At the hearing before the referee on the motion to dismiss being urged after testimony had been taken, it was mutually agreed by the parties in the proceedings that the same should be sustained, but no order was entered thereon. Thereafter the applicant herein applied to the district court upon the same matters urged in the application for writ of habeas corpus. There being nothing further before this court, and the question having become moot, the motion to dismiss is sustained, the writ denied, and the proceedings dismissed.