Opinion
No. 28,059.
Filed February 14, 1945.
PROHIBITION — Grounds — Preventing Action in Pending Cause — Dismissal of Cause — Moot Question. — An original action for a writ of prohibition in the Supreme Court to prohibit respondents from taking further action in a pending cause was dismissed as moot, where it was shown that the cause of action was dismissed after the original action was filed.
Original action by the State of Indiana, on the relation of the Public Service Commission of Indiana and another, against the Marion Circuit Court and others for a writ of prohibition to prevent respondents from taking any further steps in an action pending in respondent court.
Action Dismissed.
James A. Emmert, Attorney General, Robert Hollowell, Jr. and Urban C. Stover, Deputy Attorneys General, and William F. Dudine, Public Counselor, for petitioners.
Gilliom, Armstrong and Gilliom, Thompson, O'Neal Smith, Albert M. Campbell, and Lewis, Goett Elliott, all of Indianapolis, for respondents.
This is an original action commenced by the petitioners in an effort to secure a writ of prohibition against the respondents to prohibit the respondents from taking any further steps in a cause of action No. 60454 pending in the Marion Circuit Court.
After this cause was fully briefed and orally argued, the respondents, the Indianapolis Railways, Incorporated, filed with this court a certified copy of an order of the lower court which shows the dismissal of the action which we are requested to prohibit. Since the action in the lower court has been dismissed, the questions raised in this action have become moot, and this cause is therefore dismissed.
Note. — Reported in 59 N.E.2d 113.