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DOERNER et al. v. LAYTON et al.

(Syllabus.)

Appeal and Error — Dismissal — Moot Questions.

Where the defendant in error moves to dismiss upon the ground that the question involved in the appeal has become moot, and on requirement of the court to respond to such motion no response is filed, and the allegations of the motion appear reasonably to be sustained, this court may dismiss the appeal.

PER CURIAM.

A motion to dismiss has been filed which alleges that the same parties appellant herein are obtaining the very relief they seek in this court in the federal court, where a receiver is adjusting the claims of the parties litigant. This motion is not resisted. The appeal is therefore dismissed.

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DOERNER v. LAYTON
(Apr 16, 1935)