Opinion
No. 28,136.
Filed November 7, 1945.
PROHIBITION — Grounds — Question Becoming Moot — Dismissal. — Where all matters connected with the complaint of relators who sought a writ of prohibition against a trial court presented only a moot question by reason of acts done in said court subsequent to the filing of the petition for the writ, the cause was dismissed at the cost of relators.
Original action by the State of Indiana on the relation of Curt Strong and others for a writ of prohibition against Fred Matthews, Judge of the Sixth Judicial Circuit, and another.
Cause Dismissed.
Floyd E. Wadsworth, of North Vernon, Edward James Morrison, of Columbus, and Henry McCalla, of Scottsburg, for relators.
Noble Hays, of Scottsburg, and Fred Matthews, of North Vernon, for respondents.
It appearing to the Court by the verified return of the respondents, that a written dismissal was filed in the Scott Circuit Court in the case of Lois Coyer v. Curt Strong, Pearl Strong and Home Loan Finance Company, being Cause No. 6387, pending in said Scott Circuit Court, and that said written dismissal was filed with the Clerk of the Scott Circuit Court on October 16, 1945 during the vacation of said Court and that the said Clerk made a written entry thereof and copying the same in the Civil Order Book of said court on said date.
And it further appearing to the Court by said returns that it is the intention of the defendant Judge of the Scott Circuit Court to enter a dismissal of said cause during the term time of said Court next following the date of the filing of said written dismissal when and if the temporary writ of prohibition herein is dissolved.
Now the Court finds from the foregoing facts that all matters connected with the complaint of the relators filed in this cause by reason of the facts aforesaid present only a moot question for the determination of this Court.
IT IS, THEREFORE, ORDERED that this cause be dismissed in this Court at the cost of the relators.
Note. — Reported in 63 N.E.2d 287.