Reposa v. Pearce

California Court of Appeal Jan 30, 1936 No. Civ. No. 9934Published

Before: Nouese

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Holding. The court dismissed the appeal because the underlying judgment in the main case rendered the issue regarding the amendment of the bill of exceptions moot.

Issues

Whether an order amending a bill of exceptions to include statements of indebtedness remains a justiciable controversy when the plaintiff is denied all damages in the main case.

Disposition. Dismissed

Quotations verified verbatim against the opinion

“Because of the judgment in the main case holding that plaintiff was not entitled to any damages, the question raised here has become moot.”

“For these reasons the appeal is dismissed.”

NOUESE, P. J. This is an appeal from an order amending a bill of exceptions in Reposa v. Pearce, No. 9829 (ante, p. 517 [54 Pac. (2d) 475]). The amendment was made to include the original statements of indebtedness included in the plaintiff’s claim for special damages. Because of the judgment in the main case holding that plaintiff was not entitled to any damages, the question raised here has become moot.

For these reasons the appeal is dismissed.

Sturtevant, J., and Spence, J., concurred.

Reposa v. Pearce

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