Penland v. . Gowan

Supreme Court of North Carolina

Penland v. . Gowan

50 S.E.2d 182, 229 N.C. 449, 1948 N.C. LEXIS 338

CourtSupreme Court of North Carolina

DecidedNovember 10, 1948

StatusPublished

Cited by3 cases

This text of 50 S.E.2d 182 (Penland v. . Gowan) 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.

Bluebook

Penland v. . Gowan, 50 S.E.2d 182, 229 N.C. 449, 1948 N.C. LEXIS 338 (N.C. 1948).

Pincite

Opinion

Per Curiam.

A careful examination of the pleadings in this cause discloses that a writ of injunction is the only relief sought by plaintiffs. The only issue of fact raised in the pleadings is directed to the right of the plaintiffs to this relief. The election they seek to enjoin was held 31 August, 1948, and is now an accomplished fact. Hence, the questions plaintiffs seek to present on this appeal are academic. For that reason, the appeal is dismissed on authority of Eller v. Wall, ante, 359, and the cases there cited.

Appeal dismissed.

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Per Curiam.

A careful examination of the pleadings in this cause discloses that a writ of injunction is the only relief sought by plaintiffs. The only issue of fact raised in the pleadings is directed to the right of the plaintiffs to this relief. The election they seek to enjoin was held 31 August, 1948, and is now an accomplished fact. Hence, the questions plaintiffs seek to present on this appeal are academic. For that reason, the appeal is dismissed on authority of Eller v. Wall, ante, 359, and the cases there cited.

Appeal dismissed.

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Bluebook (online)

50 S.E.2d 182, 229 N.C. 449, 1948 N.C. LEXIS 338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/penland-v-gowan-nc-1948.

Opinion

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