Austin v. County of Dare

Supreme Court of North Carolina
Austin v. County of Dare, 83 S.E.2d 702 (N.C. 1954)
240 N.C. 662; 1954 N.C. LEXIS 499
Bobbitt

Austin v. County of Dare

Opinion

Bobbitt, J.

The court below denied plaintiffs’ application for a temporary restraining order, thus deciding the only question presented at the hearing. Thereafter, Dare County conveyed the lands to the United States of America for the consideration of $50,000.00. It was so stated upon the argument here. The sale and conveyance having been consummated, whether Judge Carr should have restrained the defendants, pen-dente lite, is now an academic question. It is quite obvious that a court cannot restrain the doing of that which has been already consummated. Surety Corp. v. Sharpe, 233 N.C. 644, 65 S.E. 2d 137; Saunders v. Bulla, 232 N.C. 578, 61 S.E. 2d 607; Efird v. Comrs. of Forsyth, 217 N.C. 691, 9 S.E. 2d 466. Hence, plaintiffs’ appeal must be dismissed. Cf.: Savage v. Kinston, 238 N.C. 551, 78 S.E. 2d 318.

Appeal dismissed.

Reference

Full Case Name
A. S. AUSTIN, LLOYD STYRON, LEO PEELE, JR., and PRESTON BASNETT, Taxpayers of Dare County, for Themselves and Such Other Taxpayers of Dare County as May Make Themselves Parties to This Action, v. THE COUNTY OF DARE; THE BOARD OF COUNTY COMMISSIONERS OF DARE COUNTY, and C. C. DUVALL, LAWRENCE L. SWAIN, JAMES W. SCARBOROUGH, W. H. LEWARK, and LLOYD SCARBOROUGH, Individually
Cited By
17 cases
Status
Published