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243 N.C. 691

Medlin v. Curran

Supreme Court of North Carolina

Decided March 21, 1956

Supreme Court of North Carolina · decided 1956-03-21

Cited by 4 later decisions — most recently September 1958

4 state decisions

Relies on Austin v. County of Dare

Good law ✅— No negative treatment on recordhow we know

Decided 1956-03-21

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PeR Cueiam.

¶1On hearing of appeal in this Court, it was not controverted that the Board of Elections aforesaid has proceeded as authorized, so that now the matter is a fact accomplished, that is, fait ac-compli. Decisions of this Court uniformly hold that where pending an appeal to this Court from an order dissolving a temporary restraining order, the act sought to be restrained has been consummated, question as to whether defendants should have been restrained pending final hearing becomes academic, and the appeal will be dismissed. So, be it, here! See Austin v. Dare County, 240 N.C. 662, 83 S.E. 2d 702.

¶2Appeal dismissed.

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