Opinion
No. 29,637.
Filed April 11, 1958.
MANDAMUS AND PROHIBITION — Appeal Pending — Determination of Appeal — Moot Question. — Where a temporary writ was issued to prohibit the trial court from exercising any further jurisdiction in a cause pending on appeal and a determination of the appeal now has been made, the issues in the original action for writ of mandamus and prohibition are now moot and such cause is dismissed.
Original action by the State of Indiana on relation of Ralph T. Fagan and others, members and representatives of Laundry, Dry Cleaning and Dye House Workers International Union, which seeks a writ of mandamus and prohibition against the Superior Court of Marion County, Norman E. Brennan, Judge, respondent. A temporary writ was issued.
Temporary writ dissolved and cause dismissed.
Andrew Jacobs, of Indianapolis, for relators.
Stark, Miles, Pace, Agnew Cummings, of Indianapolis, for respondent.
This is an original action in which the relators ask for a writ of mandamus and prohibition to compel the trial court to enter an order of Supersedeas and to prohibit it from exercising any further jurisdiction in a cause pending on appeal in this court from the respondent court. The temporary writ was issued on February 11, 1958. Since that date a determination and final disposition of the appeal has been made. No. 29,633, Fagan et al. v. Clark et al. (March 11, 1958), 238 Ind. 22, 148 N.E.2d 407.
The issues herein are now moot. The temporary writ is dissolved and the cause is dismissed.
Emmert, C.J., Bobbitt, Landis and Achor, JJ., concur.
NOTE. — Reported in 149 N.E.2d 299.