40 P.2d 237
No. 13,522.Supreme Court of Colorado.
Decided December 31, 1934.
Writ of error dismissed.
On Rehearing.
1. APPEAL AND ERROR — Moot Case — Dismissal. Where, pending motion for rehearing, the cause becomes moot, the writ of error will be dismissed.
Error to the District Court of Weld County, Hon. Neil F. Graham, Judge.
Mr. OSMER E. SMITH, Mr. THOMAS A. NIXON, for plaintiff in error.
Mr. WILLIAM R. KELLY, for defendant in error Newton.
Page 134
En Banc.
PER CURIAM.
THIS judgment was reversed May 28, 1934, and on petition for rehearing that opinion was withdrawn and briefs thereafter filed by counsel. It now appearing to the court that meanwhile public trustee’s deed has been issued and delivered, by reason whereof the cause is now moot, it is therefore hereby ordered that the writ be dismissed.