Supreme Court of North Carolina, 1948

Penland v. . Gowan

Supreme Court of North Carolina · Decided November 10, 1948 · PER CURIAM.

50 S.E.2d 182; 229 N.C. 449; 1948 N.C. LEXIS 338 (South Eastern Reporter, Second Series)

Counsel

John C. Cheesborough and George Sandlin for plaintiff appellants. , Proctor <& Dameron for defendant appellees.

Cases that cite this one

3 later published cases cite this decision.

Ferguson v. Riddle (N.C. 1950)
Ratcliff v. Rodman (N.C. 1962)
Green v. Briggs (N.C. 1956)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.