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246 N.C. 545

98 S.E.2d 889

Archer v. Cline

Supreme Court of North Carolina

Decided June 28, 1957

Supreme Court of North Carolina · decided 1957-06-28

Cited by 5 later decisions — most recently July 1967

5 state decisions

Relies on Austin v. County of Dare · Walker v. Moss · Smith v. Freeman

Good law ✅— No negative treatment on recordhow we know

Decided 1957-06-28

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PeR CüRiam.

¶1 The parties have stipulated, and filed with this Court under date 10 June, 1957, stipulation in which it is agreed (1) that the bond election, sought to be enjoined, was held on Saturday, 8 June, 1957, and (2) that on Moriday, 10 June, 1957, the election returns were canvassed and the official results announced. Thus it appears that the act sought to be enjoined or restrained has been consummated. Hence whether defendants should have been restrained pending final hearing becomes and is now an academic or moot question, and the appeal will be dismissed. As stated in Austin v. Dare County, 240 N.C. 662, 83 S.E. 2d 702: “It is quite obvious that a court cannot restrain the doing of that which has been already consummated,” citing cases, and “plaintiff’s appeal must be dismissed.” See also Smith v. Freeman, 243 N.C. 692, 91 S.E. 2d 925; Walker v. Moss, 246 N.C. 196, 97 S.E. 2d 836.

¶2 Appeal dismissed.

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