Austin v. County of Dare
Cases that cite this one
14 later published cases cite this decision.
- Citizens Addressing Reassignment & Education, Inc. v. Wake County Board of Education (N.C. Ct. App. 2007)
- A.E.P. Industries, Inc. v. McClure (N.C. 1983)
- In re Cornblum (N.C. Ct. App. 2012)
- In re the Foreclosure of the Nine Deeds of Trust of Cornblum (N.C. Ct. App. 2012)
- In re Hackley (N.C. Ct. App. 2011)
- In re the Foreclosure of the Deed of Trust of Hackley (N.C. Ct. App. 2011)
- Goad v. Chase Home Finance, LLC (N.C. Ct. App. 2010)
- Town of Nags Head v. Tillett (N.C. 1985)
- Fulton v. City of Morganton (N.C. 1963)
- Topping v. HYDE COUNTY BOARD OF EDUCATION. (N.C. 1958)
- Adams v. Flora Macdonald College (N.C. 1958)
- Archer v. Cline (N.C. 1957)
- Medlin v. Curran (N.C. 1956)
- 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
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.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.