Archer v. Cline
Cases that cite this one
3 later published cases cite this decision.
- State ex rel. Utilities Commission v. Council of Southern Greyhound Amalgamated Divisions (N.C. 1967)
- Topping v. HYDE COUNTY BOARD OF EDUCATION. (N.C. 1958)
- Ramsey v. Rollins (N.C. 1957)
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 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.
Appeal dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.