152 P.2d 869 | Kan. | 1944
The opinion of the court was delivered by
This case arose under the workmen’s compensation law and is a companion case to No. 36,228, bearing the same title, which has been this day decided. (Ante, p. 213, 152 P. 2d 860.)
The instant appeal is from an order overruling the respondent’s motion to dismiss and from an order granting a temporary injunction which enjoined the respondent, the Commissioner of Workmen’s Compensation, attorneys and examiners, from proceeding with a hearing on respondent’s application for review and modification of an award theretofore made.
In view of the decision in the other case which determines the primary issues of substantive law, it will suffice to state briefly the situation presented by this appeal.
An award to an injured workman was made by the Commissioner on February 11, 1943, and upon appeal was affirmed by the district court on March 23, 1943. In December, 1943, the workman filed a petition in the district court to obtain a lump sum judgment covering past installments in default and installments to become due under
In the other case, No. 36,228, this court has this day affirmed the judgment in the main action for a lump-sum payment to the claimant. That judgment supersedes the award and the original judgment affirming it and precludes review or modification of the award. Accordingly, the application for review of the award and the injunction cease to have significance.
It is a long-established rule, many times invoked by this court, that courts do not ordinarily consider and decide questions whose determination would be without any practical legal effect. (Anderson v. Carder, 159 Kan. 1, 150 P. 2d 754; Mueller v. Seiler, 158 Kan. 440, 442, 148 P. 2d 266, and cases there cited.) The issue here having become moot the appeal must be, and is, dismissed.