Archer v. Cline
This text of 98 S.E.2d 889 (Archer v. Cline) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The parties have stipulated, and filed with this Court under date 10 June, 1957, stipulation in which it is agreed (1) that the bond election, sought to be enjoined, was held on Saturday, 8 June, 1957, and (2) that on Moriday, 10 June, 1957, the election returns were canvassed and the official results announced. Thus it appears that the act sought to be enjoined or restrained has been consummated. Hence whether defendants should have been restrained pending final hearing becomes and is now an academic or moot question, and the appeal will be dismissed. As stated in Austin v. Dare County, 240 N.C. 662, 83 S.E. 2d 702: “It is quite obvious that a court cannot restrain the doing of that which has been already consummated,” citing cases, and “plaintiff’s appeal must be dismissed.” See also Smith v. Freeman, 243 N.C. 692, 91 S.E. 2d 925; Walker v. Moss, 246 N.C. 196, 97 S.E. 2d 836.
Appeal dismissed.
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Cite This Page — Counsel Stack
98 S.E.2d 889, 246 N.C. 545, 1957 N.C. LEXIS 476, Counsel Stack Legal Research, https://law.counselstack.com/opinion/archer-v-cline-nc-1957.