DocketNumber: Docket No. 8047.
Citation Numbers: 4 P.2d 167, 117 Cal. App. 583
Judges: NOURSE, P.J.
Filed Date: 10/21/1931
Status: Precedential
Modified Date: 1/12/2023
Plaintiffs sued for an injunction restraining defendant from voting certain shares of stock of the Consumers' Salt Company during the pendency of an appeal from the judgment in an action entitled McAlvay v. Consumers' Salt Co., et al. The appeal in the latter action was finally determined by judgment of the District Court of Appeal entered March 9, 1931, affirming the judgment of the lower court, which confirmed and quieted the title of McAlvay in the stock in issue. (McAlvay v. Consumers'Salt Co.,
The motion should be granted upon the well-settled rule that when the controversy between the parties is ended the appeal should not be entertained solely for the purpose of entering an academic discussion of the legal questions presented. *Page 584
(2 Cal. Jur., p. 749; Foster v. Smith,
The appeal is dismissed.
Sturtevant, J., and Spence, J., concurred.