Opinion

Topping v. HYDE COUNTY BOARD OF EDUCATION.

  • 248 N.C. 719
  • 104 S.E.2d 857
  • 1958 N.C. LEXIS 381
Court
Supreme Court of North Carolina
Filed
Sep 17, 1958
Status
Published
On the bench
Per Curiam
Cited by
2 cases
Authority
More cited than 58.0%

The opinion

Per Curiam.

During the argument before us counsel for plaintiff and defendants admitted that pending the appeal the defendants have already entered into the contract, which the plaintiff seeks to enjoin. Since the contract has been made, a court cannot restrain the making of it. The question whether Judge Paul should have enjoined the making of the contract is now academic. Therefore, in accord with many decisions of this Court, the appeal will be dismissed.

Efird v. Comrs. of Forsyth,

217 N.C. 691 , 9 S.E. 2d 466 ;

Austin v. Dare County,

240 N.C. 662 , 83 S.E. 2d 702 ;

Medlin v. Curran,

243 N.C. 691 , 91 S.E. 2d 713 ;

Walker v. Moss,

246 N.C. 196 , 97 S.E. 2d 836 ;

Archer v. Cline,

246 N.C. 545 , 98 S.E. 2d 889 .

Appeal Dismissed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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