Eller v. . Wall
This text of 49 S.E.2d 758 (Eller v. . Wall) 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
It was admitted on the argument that the election which the plaintiffs sought to enjoin was held on 28 August, 1948. As the action which the plaintiffs desired to prevent has already been taken, the question presented by the appeal from the ruling dissolving the restraining order has become academic, and the appeal will be dismissed in accordance with the practice prevailing in such instances. Efird v. Comrs. of Forsyth, 217 N. C., 691, 9 S. E. (2d), 466; Rousseau v. Bullis, 201 N. C., 12, 158 S. E., 553. Since the sole object of the litigation was the enjoining of the election and since this relief can never be granted, the dismissal of the action will not be held for error.
Appeal dismissed.
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Cite This Page — Counsel Stack
49 S.E.2d 758, 229 N.C. 359, 1948 N.C. LEXIS 321, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eller-v-wall-nc-1948.