Topping v. HYDE COUNTY BOARD OF EDUCATION.
This text of 104 S.E.2d 857 (Topping v. HYDE COUNTY BOARD OF EDUCATION.) 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
During the argument before us counsel for plaintiff and defendants admitted that pending the appeal the defendants have already entered into the contract, which the plaintiff seeks to enjoin. Since the contract has been made, a court cannot restrain the making of it. The question whether Judge Paul should have enjoined the making of the contract is now academic. Therefore, in accord with many decisions of this Court, the appeal will be dismissed. Efird v. Comrs. of Forsyth, 217 N.C. 691, 9 S.E. 2d 466; Austin v. Dare County, 240 N.C. 662, 83 S.E. 2d 702; Medlin v. Curran, 243 N.C. 691, 91 S.E. 2d 713; Walker v. Moss, 246 N.C. 196, 97 S.E. 2d 836; Archer v. Cline, 246 N.C. 545, 98 S.E. 2d 889.
Appeal Dismissed.
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Cite This Page — Counsel Stack
104 S.E.2d 857, 248 N.C. 719, 1958 N.C. LEXIS 381, Counsel Stack Legal Research, https://law.counselstack.com/opinion/topping-v-hyde-county-board-of-education-nc-1958.