Opinion
No. 7586.
Decided May 24, 1939. Rehearing overruled June 21, 1939.
Moot Case — Appeal and Error.
Where the record reveals that the case was moot in the Court of Civil Appeals, that court should have reversed the judgment and dismissed the cause.
Error to the Court of Civil Appeals for the Ninth District, in an appeal from Jefferson County.
Suit by G. J. Tritico and others against the Texas Liquor Control Board seeking a mandamus to compel the administrator of said board to issue a package store permit to sell liquor at retail in unbroken packages at plaintiff's place of business in the City of Port Arthur. The trial judge sustained a general demurrer to the petition and upon appeal the Court of Civil Appeals affirmed the judgment, 126 S.W.2d 738, and plaintiffs have brought error to the Supreme Court.
Judgments of both courts reversed and the cause is dismissed.
Shivers Keith, of Port Arthur, for plaintiffs in error.
Gerald C. Mann, Attorney General, Geo. W. Barcus and Victor W. Bouldin, Assistants Attorney General, for defendant in error.
An examination of the record in this cause, and especially the application for the writ of error, discloses that this cause was moot when decided by the Court of Civil Appeals. Under such a record, the Court of Civil Appeals should have reversed the judgment of the district court and dismissed the cause.
It is ordered by this Court that this writ be, and the same is hereby, granted; and the judgments of the district court and the Court of Civil Appeals are both reversed and the cause is dismissed.
Plaintiffs in error shall pay all costs in all courts.
Opinion delivered May 24, 1939.
Rehearing overruled June 21, 1939.