DEXTER v. SUPERIOR COURT OF LOS ANGELES COUNTY (1940)

Supreme Court of California.

DEXTER v. SUPERIOR COURT OF LOS ANGELES COUNTY et al.

L. A. 16714.

Decided: April 17, 1940

P. E. Keeler, of Los Angeles, for alleged contemner. Jas. W. Bell, of Los Angeles, for petitioner. J. E. O'Connor, Co. Counsel, and S. V. O. Prichard, Asst. Co. Counsel, both of Los Angeles, for respondents. Philbrick McCoy, of Los Angeles, and Morrison, Hohfeld, Foerster, Shuman & Clark, of San Francisco, amici curiae.

It appearing to the court by the certified copy of death certificate filed here that petitioner Stephen B. Dexter since the commencement of this action has died, and it further appearing that the sentences of the superior court of the county of Los Angeles that said petitioner pay certain fines imposed upon him by said court in the contempt proceedings to review which this proceeding was instituted have abated by reason of the death of said petitioner (17 C.J.S., Contempt, page 85, § 68; Blackwell v. State, 185 Ind. 227, 113 N.E. 723; State v. Fletcher Trust Co., 211 Ind. 27, 5 N.E.2d 538; Pino v. United States, 7 Cir., 278 F. 479, and McGovern v. United States, 7 Cir., 280 F. 73, 74), it is hereby ordered that this proceeding be and the same is hereby dismissed on the ground that the questions involved therein have become moot.

PER CURIAM.

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