Supreme Court of North Carolina, 1954

Austin v. County of Dare

Austin v. County of Dare
Supreme Court of North Carolina · Decided September 29, 1954 · No. 24 · Bobbitt
83 S.E.2d 702; 240 N.C. 662; 1954 N.C. LEXIS 499 (South Eastern Reporter, Second Series)
Austin v. County of Dare

Cases that cite this one

14 later published cases cite this decision.

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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.

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