Eller v. . Wall

Supreme Court of North Carolina

Eller v. . Wall

49 S.E.2d 758, 229 N.C. 359, 1948 N.C. LEXIS 321

Supreme Court of North Carolina·Decided October 13, 1948·Published·Cited by 4 cases

Opinion

Per Curiam.

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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Per Curiam.

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.

Eller v. . Wall, 49 S.E.2d 758, 229 N.C. 359, 1948 N.C. LEXIS 321 (N.C. 1948).

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